^t»a5ii?fWNi««i^sSilHIK^
M.a
eENEAUOGY COUUECTION
E^
X
THE
ELPHINSTONE
FAMILY BOOK
OF THE
LORDS ELPHINSTONE,
BALMERINOandCOUPAR.|
BY
SIR WILLIAM FRASER, K.C.B., LLD.
^^
1212643
w
ntfecrfs
of dJolmne -fir^t.
TITLE-PAGE.
GENERAL TABLE OF CONTENTS,
INTRODUCTION on Castles, Baronies, etc.
TABULAR GENEALOGY OF THE FAMILY OF ELPHIN-
STONE, LORDS ELPHINSTONE, ....
DETAILED MEMOIRS OF THE ELPHINSTONES, LORDS
ELPHINSTONE, from the thirteenth century : —
I. John de Elphinstone, first known progenitor of the
Elphinstone family, (T. 1200-1250,
II. Mr. John Elphinstone, c. 1250-1265, .
III. John of Elphinstone, i296-i-. 1340,
IV. Alexander of Elphinstone, son of John of Elphinstone
the third of that name, c. 1340-r. 1363, .
V. Alexander of Elphinstone, Lord of that Ilk, c. 1363
c. 1370, ......
VI. Sir William Elphinstone of Elphinstone, Knight,
c. 1370-^. 1390, . . . . ,
VII. William of Elphinstone, Lord of that Ilk, son of Sir
William Elphinstone, Knight, c. 1390-f. 1424, .
PAGE
Ijif et seq.
9-1 1
11-13
CONTENTS.
PAGE
VIII. I. Sir Alexander Elphinstone of Elphinstone, Knight,
Lord of that Ilk, son of William of Elphinstone,
Lord of that Ilk, r. 1424-1435, . 13-15
VIII. 2. Henry Elphinstone, heir-male of the Elphinstones
of Elphinstone, in East Lothian, and ancestor of
the Elphinstones of Elphinstone in Stirlingshire,
and Lords Elphinstone, 1435-1477, . 16-19
IX. James Elphinstone, younger of Pittendreich, son of
Henry Elphinstone, r. 1450-r. 1477, . . 19-zi
Isabella Bruce, his wife.
X. Sir John Elphinstone of Pittendreich, Erth, and
Elphinstone, grandson and successor of Henry
Elphinstone of Pittendreich, c. 1477-1508, . 21-35
Euphamia , his first wife.
Margaret , his second wife.
XI. Alexander Elphinstone, first Lord Elphinstone, 1508-
1513. ...... 36-50
Elizabeth Barlow, his wife, Maid of Honour
to Queen Margaret Tudor.
The Princess Margaret Tudor, Consort of King James
the Fourth of Scotland, who were both royal
benefactors of Alexander, first Lord, and Eliza-
beth, Lady Elphinstone, 1489-1539, 51-68
Elizabeth Barlow, first Lady Elphinstone, . 69-71
XII. Alexander, second Lord Elphinstone, 1513-1547, 72-92
Catherine Erskine, daughter of John, fourth
Lord Erskine, his wife.
XIII. Robert, third Lord Elphinstone, 1547-1602, . . 93-106
Margaret Drummond (Innerpeflfray), his wife.
XIV. Alexander, fourth Lord Elphinstone, 1602-1638, . 107-167
The Honourable Jane Livingstone, Lady
Elphinstone, his wife.
CONTENTS. ill
PAGE
The Honourable Annas Elphinstone, eldest daughter
of Alexander, fourth Lord Elphinstone, Countess
of John, twelfth Earl of Sutherland, 1579-1617, . 16S-176
XV. Alexander, fifth Lord Elphinstone, Lord Kildrummy
as a Lord of Session, 1638-1648, . 177-204
Elizabeth Drummond (Perth), Lady Elphin-
stone, his wife.
XVL Alexander, sixth Lord Elphinstone, 1648-1654, 205-210
The Honourable Lilias Elphinstone, his wife, 1648-
1675, ...... 211-216
XVII. I. Alexander, seventh Lord Elphinstone, 1654-1669, . 217-224
Anne, daughter of Alexander Burnet, Arch-
bishop of Glasgow, his wife.
XVII. 2. John, eighth Lord Elphinstone, the last Lord who
owned the barony of Elphinstone, 1669-1718, 225-236
Lady Isabel Maitland (Lauderdale), his wife.
XVIII. Charles, ninth Lord Elphinstone, 1718-1757, . . 237-244
Elizabeth Primrose, Lady Elphinstone, his
wife.
XIX. Charles, tenth Lord Elphinstone, 1 757-1781, . . 245-268
Lady Clementina Fleming (Wigton), his wife.
Right Hon. George Keith Elphinstone, Viscount
Keith of Stonehaven Marischal, 1 746-1823, 269-274
XX. John, eleventh Lord Elphinstone, 1781-1794, . 275-308
The Honourable Anne Ruthven, Lady
Elphinstone, his wife.
The Honourable Mountstuart Elphinstone, Statesman
and Historian of India, 1 7 79-1859, 309-319
XXJ. John, twelfth Lord Elphinstone, 1794-1813, 320-326
Janet Hyndford Elliot (of Wolflee), Uowager
Lady Gibson Carmichael, his wife,
XXII. I. John, thirteenth Lord Elphinstone, Governor suc-
cessively of Madras and of Bombay, 1813-1860, 327-345
XXII. 2. John (Fleming), fourteenth Lord Elphinstone, 1860-
1861, ...... 306-307
it)
CONTENTS.
ILLUSTRATIONS IN VOLUME FIRST.
PORTRAITS.
William Elphinstone, Bishop of Aberdeen,
Cardinal Beton, .....
George Wishart, the martyr,
Queen Margaret Tudor, ....
Alexander, fourth Lord Elphinstone, 1626,
Ale.^ander, fifth Lord Elphinstone,
The Honourable Lilias Elphinstone, wife of sixth Lord
John, eighth Lord Elphinstone, .
Lady Isabel Maitland, his wife, .
Charles, ninth Lord Elphinstone,
Elizabeth Primrose, his wife,
Charles, tenth Lord Elphinstone,
Lady Clementina Fleming, his wife.
The Right Honourable George Keith Elphinstone,
Keith of Stonehaven Marischal,
The Honourable Mountstuart Elphinstone,
John, twelfth Lord Elphinstone, .
John, thirteenth Lord Elphinstone,
CASTLES AND MANSIONS,
Elphinstone Tower, East Lothian,
Elphinstone Tower and Church, Dunmore,
Ruins of Kildruramy Castle, Aberdeenshire,
Carberry Tower, Inveresk,
Carberry Tower, Inveresk,
PAGE
Frontispiece
behveen jCtJl'u and X\%
%\m and X\X
facing 5 1
„ 107
» 177
Elphinstone, ,, 211
betw
'een 224 and 22^
224 and 225
236 and 237
236 and 22,-]
244 and 245
244 and 245
facing 269
„ 320
» 327
behveen bl' and tJt'i
facing XX'Oi
„ xxix
.. xxvi
.. xxxiii
MISCELLANEOUS.
Elphinstone Aisle at Kildrummy, built 1605,
Monumental Stone in Kildrummy Aisle, erected to Thomas
Esplein, chamberlain to fourth Lord Elphinstone,
facing 146
148
CONTENTS.
Monumental Stone in Kiidrummy Aisle, erected to William,
Patrick, and David Elphinstone, the third, fourth, and fifth
sons respectively of Alexander, fourth Lord Elphinstone,
Monumental Stone in Kiidrummy Aisle, erected to Lues Elphin-
stone of Bothkennar, sixth son of fourth Lord,
PAGE
facing 164
„ 165
WOODCUT SIGNATURES AND SEALS
Signatures of —
William Drummond of Hawthornden, i6io.
Queen Margaret Tudor, 1536,
The same, 1 5 1 8, .
Archibald, sixth Earl of Angus, her second husband, 15:
The same, 1518, .....
Henry, Lord Methven, her third husband, 1536,
Alexander, second Lord Elphinstone, 1528, .
Robert, third Lord Elphinstone, 1577,
Margaret Drummond, Lady Elphinstone, his wife, 1575,
Alexander, Master of Elphinstone, afterwards fourth Lord, 1575,
Jane Livingstone, Lady Elphinstone, his wife, 16 18,
Annas Elphinstone, Countess of Sutherland, c. 1612,
John, twelfth Earl of Sutherland, her husband, 1615,
The same (in Latin), 1615, ....
Lady Jane Gordon, Countess of Sutherland, her mother-in-law, 16 16,
John, thirteenth Earl of Sutherland, her son, 1644, .
William Drummond of Hawthornden, the poet, 1639,
Alexander, fifth Lord Elphinstone, 1645,
Elizabeth Drummond, Lady Elphinstone, his wife, 1645,
Alexander, sixth Lord Elphinstone, 1653,
Lilias Elphinstone, Lady Elphinstone, his wife, 1645,
Alexander, seventh Lord Elphinstone, 1667,
Anne Burnet, Lady Elphinstone, his wife, 1672,
John, eighth Lord Elphinstone, 1680,
Isobella Maitland, Lady Elphinstone, his wife, 1695,
Charles, ninth Lord Elphinstone, 1734,
Elizabeth Primrose, Lady Elphinstone, his wife, 1735,
67
67
67
67
67
92
106
106
162
162
176
176
176
176
176
203
204
204
210
216
224
224
236
236
244
244
^)i cox TEXTS.
PAGE
Charles, tenth Lord Elphinstone, 1777, .... 268
Lady Clementina Fleming, Lady Elphinstone, his wife, 1795, 268
Clementina Elphinstone, afterwards Lady Perth, their daughter, 1785, 26S
James Drummond, of Perth, afterwards Lord Perth, her husband,
1785, ........ 268
George Keith Elphinstone, afterwards Viscount Keith, 1 761, 274
The same, as Viscount Keith, 1797, .... 274
John, eleventh Lord Elphinstone, 1785, .... 308
The Honourable Mountstuart Elphinstone, n.d., . 319
The same, n.d., ....... 319
John, twelfth Lord Elphinstone, 1795, .... 326
H.R.H. Prince George, Duke of Cambridge, 1856, . . . 340
John, thirteen Lord Elphinstone, n.d., .... 345
Queen Margaret Tudor, 1527,
The same (wafer seal), 1536,
Archibald, sixth Earl of Angus, 1514-1556,
Robert, third Lord Elphinstone, 1577,
Ale.xander, fourth Lord Elphinstone, 1602,
Alexander, fifth Lord Elphinstone (signet),
68
68
68
106
162
204
Facsimile Letter —
The Duke of Wellington to the Honourable Mountstuart Elphin-
stone, 8th June 1834,
/aci/ig^ ^16
■M
f*.
tJii
I. Thr Original Castle or Tower of Elphinstone of the
Elphinstones, Lords Elphinstone.
About a mile to the east of the summit of Carberry hill, where Queen Mary
and Bothwell surrendered to the lords who were confederated against them
in June 1567, stands the venerable castle or tower of Elphinstone. With
that tower the noble and baronial family of Elphinstone has been identified
in a variety of ways for upwards of twenty generations, or for six and a
half centuries, reckoning from the year 1250 to the present time.
The owners of Elphinstone Castle have always understood that the present
structure was founded by the first known Elphinstone, John de Elphinstone,
who can be shown to have been living about 1250, or in the time of King
Alexander the Third of Scotland. Eeared on a solid rock for a foundation,
on a high tableland overlooking the valley of the Tyne, the castle commands
and dominates the rich and varied country stretching eastward from the
tower for many miles. Travellers from the east in that district of Hadding-
tonshire can never lose sight of the predominant castle as the most striking
object in the wide landscape. But the prospects from the windows and
battlements of the lofty pile are not restricted to the locality. The tradition
in the Elphinstone family is that on a clear day as many as thirteen counties
might be seen from the battlements of the tower.' The present appearance
of the castle is shown by a photograph coUotyped for the present work.
In the " Castellated Architecture of Scotland " Elphinstone Castle is
' Information of the late William, fifteenth Lord Elphinstone, the owner of the tower,
in March 1864.
tiiii OBIGINAL CASTLE OR TOWER OF ELPHINSTONE.
described as one of the most remarkable and best preserved of the Scottish
keeps of the fifteenth century. The authors of that valuable work give the
fullest account of the castle which has yet appeared, and it is worthy of
attention. They say — " It is a simple oblong on plan, fifty feet five inches
long by thirty-five feet wide, and fifty-eight feet three inches in height to
the top of the parapet. The tower contains . . . five floors in all. It is
quite usual for towers of this period to have chambers and closets in the
thickness of the walls, but in this case that arrangement is carried to an
e.xtreme length, all the walls being honeycombed with a perfect labyrinth of
small mural chambers." ^
There are additional interesting particulars given by the authors explana-
tory of drawings and plans of the castle which they furnish. Eeferring to
a peculiar arrangement in an upper private room within the height of the
great hall on the first floor, they say, the room " contains a fireplace, along-
side of which a door leads into a window recess in the west wall; this
window opens into the chimney-flue of the great hall fireplace, and in the
breast of the flue, opposite the window, and at the same level, is a large
splayed inner window overlooking the great hall. . . . Thus the lord or lady
by stepping out of their private room to this window could overlook what
was going on in the hall, subject to the inconvenience of the smoke (when
there was any) from the great hall fire." They add that " spy-holes are
frequently to be met with in old castles, but this one is of a unique
kind. Into this very fireplace there is a small spy-hole from the adjoining
staircase." ^ After describing in this manner minutely the numerous wall
chambers in the castle, the authors proceed — "This is perhaps the most
striking example of the system of wall chambers carried to excess."^
• " The Castellated and Domestic Archi- attention to this practice as possibly being
tecture of Scotland," by David Macgibbon a tradition from the time of the Celtic
and Thomas Ross, 1887, vol. i. pp. 233-2.S7. Brochs, and we believe that a careful study
- Piid. pp. 2ZZ, 2.34. of this plan, and still more of the building
3 Ihid. p. 234. Macgibbon and Ross itself, will tend to confirm this view.'"
add:— "It will be recollected that we drew
ARMORIAL SHIELDS IN THE HALL OF ELPHIiVSTONE TOWER. {X
As throwing light on the antiquity of the castle, the same authors give
drawings of the armorial bearings which are carved in stone over the fire-
place of the great hall.^ The shields are eight in number, and are neatly
engraved. The two first shields are said to represent the Seton family
each having three crescents, two and one. The third shield is said to be
Maitland, the fourth Douglas, the fifth Menzies, the sixth Johnstone, the
seventh Elphinstone, and the eighth Maitland again.
The late Lord Elphinstone took a great interest in this ancient
tower, which was reacquired by his grandfather, the Honourable William
FuUerton Elphinstone of Carberry, after it had been out of the family, in
the hands of the Johnstones and other families, for centuries. The eminent
architects from whom we have quoted bear testimony to the great care
with which the castle is preserved. In the year 1871, after a visit paid to
the castle with his lordship, he sent me very careful pen-and-ink sketches
of these eight armorial shields, all drawn with his own hand. He was an
excellent draughtsman, and one of his friends once remarked to me that his
lordship's pen-and-ink sketches were as fine as steel engravings. These eight
sketches of the arms are still preserved, with his remarks upon several of
them. On Nos. 3 and 8 of the shields, which are assumed by the architects
to be those of Maitlands, Lord Elphinstone remarks — " But I can't make out
the dismemberment of the Maitland lion." His lordship says "No. 5 is
plain, but in the chief are marks as of two or three lions. It may be stars
or anything else, but I have drawn it as it appears." In a subsequent letter
his lordship wrote on 21st December 1871 — " As for the Elphinstone Tower
shields, the place was out of the family so long, I suspect the shields had
reference to those iu possession during the interregnum."
When the author of " The History of Tranent and its Surroundings '
applied to the late Lord Elphinstone for information as to the building of
• "The Castellated and Domestic Architecture of Scotland," by David Macgibbon and
Thomas Eoss, 1887, vol. i. p. 237.
VOL. I. h
r PERIOD OF BUILDING OF THE TOWER OF ELPHINSTONE.
the castle, his lordship replied in a letter, dated November 9, 1882, that
" Elphinstone Tower was built by John de Elphinstone, who died about the
year 1260." Macgibbon and Eoss, in differing from his lordship in this,
assign the building of the castle to the fifteenth century.
In support of their opinion they notice the fact of the change of owner-
ship after the battle of Piperdean in 1435, where Sir Alexander Elphinstone
was killed, when he was succeeded by his daughter Agnes, who married a
Johnstone. The fact is quite true. But the succession of the heiress was
not favourable to her or her husband, who was a younger son of the house
of Johnstone, building the castle, There was a long-continued and almost
ruinous litigation between the heir-male and the heir-female of the Elphin-
stone family about the succession to the Elphinstone estates. The litigation
was compromised. But it is not at all likely that the heiress, who is reputed
to have been a posthumous child, would set to work and construct such a
castle after such a costly litigation.
The difference of opinion as to the period of building may be reconciled by
the fact that John de Elphinstone in 1260 must have had a castle on his lands
of Elphinstone, and that in the course of centuries that original castle was
probably gradually moulded into the present structure, which still retains the
same name of the castle or tower of Elphinstone. In their history of the
ancient castles of Scotland, Macgibbon and Eoss show that many of these
castles have been altered, added to, and reconstructed in the course of
centuries, while still retaining their original name. As an instance of this
reference may be made to the castle of Drumlanrig. When it was first
acquired by the Doiiglases of Drumlanrig about the year 1400, it was a com-
paratively small building. Successive lairds altered and added to the castle,
until in the time of Sir James Douglas of Drumlanrig, who died in the year
1578, it was called the " Palace " of Drumlanrig as being built by him. But
after his time, though his additions to the fabric had been so great as to
raise it to the rank of a palace, his successor, the first Duke of Queensberry,
THE FAMILIES REPRESENTED BY THE ARMORIAL SHIELDS. X\
made the palace a still more imposing structure, and retained the original
name of Drumlanrig Castle, although discontinuing the name of palace.
The author of the " History of Tranent " gives the eight armorial coats on
Elphinstone Tower in the same terms as the architects above-mentioned,
but in reference to shield No. 5, supposed to be that of Menzies, he com-
municated with the late Mr. Stoddart, Lyon clerk-depute, who replied by
letter, dated 31st March 1883, thus:—
" After a careful search I have not been able to find that any branch of the family of
Menzies ever bore two Hons on the chief, which is the bearing of the name in general.
The coat cut in stone is not, to my knowledge, a Scottish coat at all ; it is not given in
Papworth's Ordinary of Arms for Great Britain and Ireland, and would therefore seem
to be hitherto unknown, which makes it all the more interesting."
In old Scottish mansions it was occasionally the practice to insert the
royal arms as a mark of loyalty, although the owners of the house were not
royally descended. It was also the practice occasionally to display the arms
of feudal superiors on some portion of the building by the vassal holding
of them. The two Seton shields, Nos. 1 and 2 of the eight coats, may
have been placed in the Elphinstone hall out of respect to the Elphin-
stones holding under the Setons as successors of the De Quincys in the
superiority but not the property of Elphinstone, especially as one of the
Seton coats appears to represent the double tressure, although this is not
certain, and the other not. The two supposed alliances between the
Setons and the Elphinstones indicated by these two Seton shields have
never been established ; and, upon the whole, these eight shields are not
reliable as the handiwork of any official herald, although of sufiBcient
interest to be noticed in any history of the castle. They have been
prepared in carefully carved stone, which has ensured their preservation,
while other armorial bearings and ornaments, merely painted throughout
the castle, have not been prepared for preservation, and cannot now be
described.
Xii ELPUINSTONE ACQUIRED BY ROBERT DE QUINCY.
II. The Lands of Elphinstone auound the original Castle.
The great lordship and barony of Travernent, now Tranent, in which these
lands are situated, was acquired by Eobert de Quincy from King William the
Lion, who also appointed him Justiciary of Scotland.^ The successor of
Eoberb, after the death of his son, Seyer de Quincy, Earl of Winton, who
died in 1219, Roger de Quincy, Earl of Winchester, who by his marriage
with the heiress of Galloway became Constable of Scotland in 1234, inherited
Tranent. He died in 1264, leaving his three daughters, Margaret, Eliza-
beth, and Helen, the co-heiresses of his extensive estates. Their respective
husbands were William de Ferrers, Alexander Cumming, Earl of Buchan,
and Allan La Zuche.
Margaret de Quincy, the eldest co-heiress, obtained the barony of Traver-
nent ; the Earl of Buchan, with Elizabeth, the second co-heiress, acquired the
lands of Elphinstone and the commonty of Tranent. He also received the
high ofSce of Constable. Allan La Zuche received with Helen or Ella de
Quincy the lands of Fawside, which adjoin Elphinstone on the north, and
the minerals of Tranent.
In the struggle between England and Scotland, the successors of Eoger
de Quincy took part with England against Bruce. This led to the forfeiture
by the victorious king to reward his adlierents, of the lands of the De
Quincys, who supported John Balliol in his claim to the Scottish throne.
Bruce granted charters of the lands of Elphinstone, Fawside, and others, and
of the barony of Travernent to Alexander Seton of Seton.^ But these grants
included the superiority only and not the property, or dominium utile, which
remained with the actual proprietors, the Elphinstones, Fawsides, and others,
■ Robert de Quincy came from Normandy from the king. This revolt brought the De
with William the Conqueror, and received Quincys to Scotland, where Robert made a
from liim many grants of lands in Englaud. fortunate alliance.
But in the time of King John the De
Quincys joined the barons at Runnimede, near - Robertson's Index to Missing Charters,
Windsor, and extracted the Magna Charta p. 10, Nos. 22 and 2.'i.
SUPERIORITY ALONE OF ELPHINSTONE FORFEITED, c. 1308. XWX
who had derived their rights from the De Quincys, and who did nothing to
forfeit them.
In this connection it is right to notice a mistake in reference to the old
and new superiors of the De Quincy lands granted to Seton. In his Heraldry,
Mr. Nisbet accounts for the possession of the lauds of Elphinstone, by stating
a marriage between one of the family of Elphinstone, and Margaret Seton,
daughter of Sir Christopher Seton and Lady Christian, the sister of King
Eobert the Bruce, which he says took place in the reign of King Eobert.
This marriage, he further says, secured to this member of the Elphinstone
family lands in East Lothian, which he called after his own name.^ But
Nisbet offers no proof in support of that theory. It is disproved by the fact
that the Elphinstones were owners of Elphinstone before Bruce was king,
and indeed hefore he was lorn : Nisbet's theory is further disproved by the
fact that the Elphinstone lands were acquired by the Elphinstone family
anterior to the marriage of Sir Christopher Seton and Lady Christian Bruce,
sister of the king. There is nothing to show that there was any issue of
that marriage. King Eobert granted charters to Sir Alexander Seton, the
successor of Sir Christopher. But in none of these does the king name Sir
Alexander Seton as his /ephew, which he would have done had such
relationship existed. The undoubted nephew of Bruce, Thomas Eandolph,
was invariably designated the king's beloved nephew wherever he was men-
tioned in the charters of that king.
Another mistake which has been commonly made, is the assumption
that when the families of the co-heiresses of Eoger de Quincy were forfeited,
and their lands given to Sir Alexander Seton, the lands were at the same
time taken from the Elphinstone family, who in some unexplained way
soon afterwards recovered them. It has been already pointed out that the
Elphinstone family had continuous possession of the lands of Elphinstone
from the year 1250. Now the mistake just mentioned arises from confusing
Niabet'a Heraldry, vol. i. p. 151.
ritJ LANDS OF ELPHINSTONE AROUND THE ORIGINAL CASTLE.
the separate and distinct rights of superiority and property of the lands in
question. Eoger de Quincy and his predecessors held the superiority of
the lands. That superiority was inherited by his three co-heiresses and
their families. It was the superiority that was forfeited about the year
1308, and that King Eobert gave to Alexander Seton. The property of the
lands from 1250 continued vested in the Elphinstone family, who, after
1308, in their successive heirs, received charters of the lands from time to
time from the new superiors, the Setous, as Barons of Tranent.
As has already been stated, the lands of Elphinstone were inherited by
Agnes Elphinstone, the heir of line, or the heir-female of the family, in the
middle of the fifteenth century. She intermarried with Gilbert Johnstone,
one of the Johustones of Annandale, and their descendants continued in
possession of the lands of Elphinstone until the middle of the seventeenth
century, and were known as Johnstones of Elphinstone. After possessing
the estate of Elphinstone till the year 1650, Sir John Johnstone of Elphin-
stone, kuight, and Dame Margaret Keith, his spouse, at that date were in
pecuniary difficulties. Sir Archibald Primrose of Carrington, Lord Clerk
Eegister, and ancestor of the present Earl of Eosebery, befriended the
Knight of Elphinstone. He advanced money to him for the purpose of
discharging the claims of certain of the creditors. For the money so
advanced Sir Archibald obtained bonds over the estate in security. On the
death of Sir John Johnstone, in the embarrassed state of his affairs, he was
succeeded by his eldest son and heir, Sir James Johnstone. He also was
befriended by Sir Archibald Primrose, but although with his powerful assist-
ance an endeavour was made to preserve the estate of Elphinstone to the
• Johnstone family, it was found impossible. As a last resort, it was arranged
that the estate should be absolutely disponed to Sir Archibald Primrose.
This was done, and the disposition in his favour narrates the several debts
and dUigeuces in the person of Sir Archibald Primrose upon the lands of
Elphinstone. It further narrates that by virtue of the rights made in his
ELPHiySTONE DISPONED TO SIR ARCHIBALD PRIMROSE, 1666. VQ
favour, Sir Archibald had the heritable and irredeemable right to the lands
of Elphinstone. The legal reversion of the apprising was expired, and the
money paid and to be paid by him for redeeming wadsetts far exceeded the
value of the irredeemable right of the lands. Still Sir Archibald out of his
goodwill had given to Sir James Johnstone considerable sums of money for
his subsistence and " outreik." In return for this, in honour, duty, and con-
science. Sir James conceived himself obliged to make a suitable recompense
so far as it was in his power, and to dispone in favour of Sir Archibald his
right which he had to the lands of Elphinstone, with his love, favour, and
blessing. Therefore Sir James Elphinstone disponed to Sir Archibald Prim-
rose and his heirs the lands of Elphinstone, Tower and fortalice, etc., with
a procuratory for obtaining the disponer infeft as heir to his father or grand-
father, and a procuratory of resignation with the ratification of all rights
standing in Sir Archibald's person and a precept of sasine. The disposition
is dated 10th April I666.1 Following upon the resignation by Sir Archibald
Primrose, a charter was granted by George, Earl of Winton, as superior of
Elphinstone, dated 28th September 1666.
Sir John Johnstone of Elphinstone granted a bond of provision in favour
of his children, Margaret, Jean, Elizabeth, John, and Anna Johnstone, for
sums of money as their portions, dated 12th September, and registered in
the Books of Session 4th December 1664. Three of the daughters named,
Margaret, Jean, and Anna, resigned their portions to Sir Archibald Primrose
by assignations dated June 1666 and 23rd July 1674.^
The descendants of Sir Archibald Primrose were Sir James Primrose of
Carrington, who was created Viscount of Primrose, Archibald, second Viscount
' Inventory of Elphinstone Writs in the was Elizabeth Keith, one of the three co-
Prestonhall charter-chest. heiresses of the Honourable James Keith of
Benholme, uncle of the Earl RIarischal, and
- The warm interest which was taken by the marriage of Margaret Keith, sister of
Sir Archibald Primrose, Lord Register, in the Lady Primrose, with Sir John Johnstone of
Johnstones of Elphinstone arose apparently Elphinstone, Sir John and the Lord Register
from the fact that his lordship's first wife being thus brothers-in-law.
rt)i THE SUCCESSIVE OWNEBS OF ELPHIXSTONE.
Primrose, and Hugh, the third and last Yiscouut of Primrose, who was
served heir to his brother Archibald, the second Viscount, in July 1716.
Hugh, Viscount Primrose, obtained a decreet of declarator by the Lords of
Session against the Commissioners and Trustees for the public, entitling
him to hold his lands of the Crown in place of holding them of the Earl of
Winton, then attainted of high treason, dated 10th September 1719. ^
Hugh, third and last Viscount of Primrose, became an active officer in
tbe army in the year 1727, and died at Wrexham in Flintshire in 1741.
Under a ranking and sale of the lands of Elphinstone they were pur-
chased by Sir Hugh Hamilton of Eosehall, who on 7th March 1752 granted a
receipt for the whole writs of Elphinstone according to inventory of that date.
Afterwards the Tower and lands of Elphinstone were acquired by Sir
John Callander of Westerton and Prestonhall, whose representatives are
still owners of lands in Elphinstone. But the ancient Tower of Elphinstone
and the Tower Farm belonging to it were acquired in 1813 from the Trustees
of Sir John by the Hon. William FuUerton Elphinstone of Carberry. He
was third son of the tenth Lord Elphinstone, and great-grandfather of the
present sixteenth Lord. Through his marriage with Miss Elizabeth
Fullerton, the heiress of Carberry, he acquired that beautiful estate.
Carberry is bounded on the east by part of the lands of Elphinstone.
Besides the proximity of the Elphinstone and Carberry estates, it was
desirable as a mere matter of sentiment that the Tower and Tower Farm
of Elphinstone, which had been so long associated with the Elphinstone
family, should return to their possession after the lapse of so many
centuries.
Two years after his purchase of Elphinstone Tower, the Hon.
William Fullerton Elphinstone, in a disposition dated 26th October 1815,
narrates that the lands of Elphinstone were purchased by him with the
money of John Fullerton Elphinstone, Esquire, younger of Carberry, his
' Inventory of Elphinstone Writs in the Prestonli.-iU charter-chest.
ELPHIE STONE ACQUIRED BY HON. W. F. ELPHINSTONE, 1813. rtJli
eldest son, and for his behoof, on which account it was reasonable that
the same should be conveyed to him.- Therefore the granter disponed to
John Fullerton Elphinstone and his heirs heritably the lands denominated
Elphinstone Tower Farm, bounded as therein described, with the Tower,
fortalice, manor-place, houses, buildings, yards, orchards, coals, coal-heughs,
etc., being a part of the lands and estate of Elphinstone, in the lordship and
barony of Tranent, late regality of Seaton and constabulary of Haddington,
within the sheriffdom of Edinburgh.^
According to a plan of the estate of Elphinstone in the possession of
Mr. Burn Callander, and prepared after his succession to the Elphinstone
estate, Elphinstone then consisted of three principal farms : Tower Farm,
Elphinstone Farm, and Buxley Farm. The Tower Farm contained 314
acres, 1 rood, and 34 falls. The Elphinstone Farm, 603 acres, 3 roods, 34
falls. The Buxley Farm, 134 acres, and 26 falls. These principal farms
were subdivided into moderate-sized parks or fields. The whole Elphinstone
estate was surrounded by the lands of Carberry, Cousland, Ormiston,
Tranent, and lands belonging to Lady Hyudford, apparently Fawside.
The late Sir Thomas Dick Lauder of Fouutainhall, who was born in 1784
and died on 29th May 1848, was an accomplished gentleman and popular
writer. His own estate of Fouutainhall was situated in East Lothian, only
two or three miles distant east of Elphinstone Tower. He well knew the
Tower and the grounds and gardens surrounding it. His description as
an eye-witness is well worth preserving, although the glory of the place
as he described it has long since departed : —
" Even the comparatively modern parts are extremely picturesque, and the south-
eastern tower furnishes some lessons iu Scottish architecture that are well worth study-
ing. It is still inhabited, and might be made a fine old residence, but tlie grounds
around it have been massacred in the cruellest manner. We ourselves recollect, not a
great many years ago, that it was associated with a grove of magnificent old trees, but
1 Extract Disposition, dated as above, and registered in the Books of Session 27th October
1816, in Elphinstoue charter-chest.
VOL. I. c
XXiiii ADDITIONS TO ELPHISSTONE CASTLE, 1637 AXD 1607.
these were most mercilessly subjected to the axe. Before our time, however, the
grounds to the eastward of the building were laid out in a quaint and interesting old
pleasaunce, where, besides the umbrageous trees that sheltered it, all manner of shrubs
grew in luxuriance, the ground being laid out in straight terrace walks, squares,
triangles and circles ; and, in short, all manner of mathematical figures, with little
bosquets, labyrinths, and open pieces of shaven turf" ^
Additions were made to the original castle of Elpliinstoue in the years
1637 and 1697. The first of these additions was for the convenience of the
owners of the castle, who at the time were the Johnstones. The period
in which they were made is shown by a carved stone over the door, bear-
ing the date of 1637. The later additions to the castle were made in the
year 1697, when Sir James Primrose of Carrington, afterwards Viscount
Primrose, was proprietor of Elphinstone. These two additional buildings
were used down to the year 1864 by the tenants of the Tower Farm, but
having no architectural interest, they were removed in 1865, when a
new and more commodious house was built by the late fifteenth Lord
Elphinstone, a little way from the old Tower, for the tenant of the Tower
Farm.
III. Cardinal Beton and George Wishaet the Maktyk, both at
Elphinstone Tower in 1546, and Johnstone of Elphinstone
at the Deathbed of John Knox in 1572.
Elphinstone Tower has acquired notice in the ecclesiastical annals of
Scotland in connection with the martyrdom of George Wishart. Wishart
was a popular preacher and reformer. At the time of the plague in Dundee
he exerted himself there in ministering to the inhabitants. But he was
obliged to leave that town through the opposition of Cardinal Beton. He
took refuge in the county of Haddington, the country of John Knox,
' Tranent and its surroundings by P. M'Neill, ISS4, p. IS".
WISH ART BROUGHT BY BETON TO ELPHINSTONE TOWER. X\X
where he continued to preach notwithstanding the opposition he there
experienced, at the request of the Cardinal, from Patrick, Earl Bothwell,
who was sheriff of the county. Wishart, however, found sympathisers in
John Knox, Cockburn of Ormiston, Crichton of Brunstane, Douglas of Long-
niddry, and other friends in the county. While Wishart was at Ormiston,
Cardinal Beton arrived at the Tower of Elphinstone in the expectation of
securing him and his prominent East Lothian adherents. Wishart was
secured by the sheriff at Ormiston, and carried to the Cardinal at Elphin-
stone. The architects, whom we have quoted so fully on the subject of the
Tower of Elphinstone, mention an apartment in that Tower called the
" guardroom and prison." As Wishart was brought there by the civil power
as a prisoner, he was probably consigned to this tower prison. The Car-
dinal was no doubt gratified by securing such a prominent preacher, but
it is recorded that he was disappointed that only Wishart was caught. He
ordered search to be made for his associates, who escaped by flight for
the time, but some of them were afterwards secured.
The trial of Wishart for heresy was made the occasion of a great
demonstration by the Cardinal and the clergy, and the cruel death to
which he was put by strangling and burning at the stake was, no doubt,
intended to strike terror among the reformers, and to stamp out by such a
bold blow the whole reformation so repugnant to the church. But in the
course of three short months the cruel death of Wishart was avenged by
the despatch of the powerful Cardinal himself in his own castle of St.
Andrews.
When Cardinal Beton and George Wishart were at Elphinstone Tower
in January 1546, the owner was apparently Andrew Johnstone, the successor
of Gilbert Johnstone, who married Agnes Elphinstone, the heiress of Elphin-
stone. Johnstone and his wife, Margaret Douglas, would, as Lord and Lady
of the Tower, receive tlie Cardinal and the Eegent Arran, and the military
train who accompanied them, in order to make certain of the capture of
rr JOHNSTONE OF ELPHINSTONE AT DEATHBED OF KNOX, 1572.
Wishart. But that reformer made no resistance to his apprehension by
Bothwell as sheriff of the county, who formally promised that he would
receive no bodily harm.
John Knox and his ancestors bad an early connection with the Bothwell
family as their tenants or vassals for several generations, and the Eeformer has
been supposed, from their old relations, to speak comparatively sparingly of
them. But in reference to the treatment of Wishart by his capture at
Ormiston, Knox says that the third Earl Bothwell was made " for money,
bucheour to the Cardinall."
In the western gable of Elphinstone Tower there is a great fissure
extending nearly from top to bottom, for which architects cannot account,
but the country people at Elphinstone settle the matter by saying that
that injury to the gable was a sign of God's displeasure at the incarcera-
tion of the martyr there '.
Twenty-six years after the Cardinal, the Eegent Arran, and C4eorge
Wishart were at Elphinstone in 1546, the Johnstone Laird of Elphinstone
is further noticed in the ecclesiastical annals of Scotland, in connection
with the last illness and deathbed scene of John Knox, in the following
account of that memorable death: "On Sabbath the 23rd November 1572,
during the afternoon sermon, Knox became so ill that his secretary, Kichard
Bannatyne, thinking that his master's death was imminent, sent to the
church for Johnstone of Elphinstone, who immediately repaired to the bed-
side of Knox. After sermon many came to visit him. The following day,
Monday the 2ith November, was the last day that Knox spent on earth.
Besides his wife and Bannatyne, Campbell of Kinzeancleuch, Johnstone of
Elphinstone, and Dr. Preston, three of his most intimate acquaintances, sat
by turns at his bedside. Knox died the same night about eleven o'clock
in the sixty-seventh year of his age. Two days later, on Wednesday the
26th November, he was interred in the churchyard of St. Giles. The
Eegent Morton, recently elected, attended the funeral and pronounced
COALFIELDS ON THE LANDS OF ELPHINSTOXE, TRANENT. XXI
these words over his body: — 'There lies he who never feared the face of
man ! ' " ^
IV. Coal Works at Elphinstone and Fawside.
1616-1621.
The lands of Elphinstone, like other lands in the lordship of Tranent,
were famed for successful working of the coalfields on them, and thousands
of tons of coal were worked out annually. According to the old Statistical
Account of the parish of Tranent the produce from the Elphinstone Colliery
in the years 1790 and 1791 was upwards of 6053 tons and 8348 tons respec-
tively. The fifth Lord Elphinstone, while he was Master of Elphinstone and
Lord Kildrummie, took a great interest in the coal-working on his own pro-
perty in the barony of Elphinstone in Stirlingshire. His lordship also took a
lease of the coalfields of Little Fawside, which adjoined the lands of the
original property of Elphinstone in the parish of Tranent. In connection
with his coal-workings at Fawside, the Master of Elphinstone kept a coal-
book, which is entitled : " My Lord Kildromy, his lordship's entrie to the
coin and coilhewis of Lytill Fausyd, began wpoun Monday the first of
Juli 1616." It extends to April 1621 and shows a considerable weekly and
daily production of coal.
In 1620 the Master of Elphinstone and other proprietors of collieries got
into no small trouble through public action taken against them for raising
the price of this commodity. The circumstances which transpired may be here
shortly stated. In November 1619 the Earl and Countess of Wintoun, the
Master of Elphinstone, Francis Sommervell, his servant, Johnstone of Elphin-
stone, Janet Lawsoun, Lady Fawside, Sir James Eichesoun of Smeytoun,
Eobert Richardson of Pencaitland, and David Prestown of Quhythill, met at
1 Life of Knox by M'Crie, Edition 1S55, on IStli May 15/2, was " Johue Johneston,''
pp. 275, 277, 436. One of the three wit- but he is not designated as of Elphinstone.
nesaes to the will of Knox, which was made
tXii COAL WORKS AT ELPHIXSTONE AND FAWSIDE.
the place of Fawside. They did so " under pretext and cullour, as thay gaif
it oute, to have visite the lady and to have dynnit with her." At this
meeting they conferred about their coal-heughs and the price of coal. The
result of their conference was that they combined to raise the price of their
coal from 3s. to 4s. per load, and also to sell their coal to foreigners as well
as to those in Scotland.
This action and combination of these coalowners was highly resented
by the public. The popular discontent found expression in a complaint by
the Lord Advocate and the " noblemen, barronis, gentlemen and utheris his
Majesteis subjectis to burgh and land within the schirefdome of Edinburgh
and constabularie of Haddingtoun." The complaint which was given in to
the Privy Council on 14th December 1620 narrated the circumstances above
described. It alleged that the action of the coalowners was illegal, against
all good order and policy, to the hurt of the commonwealth, and the raising,
fostering, and entertaining of dearth within the country. The Lord Advo-
cate and several gentlemen of East and West Lothian appeared in support
of the complaint, and the defenders also appeared. The council decided in
favour of the complainers, and decerned that the bond of the coalowners
being unlawful was null, that the price of coal be three shillings per
load as formerly, and that no coal was to be transported out of the
kingdom. 1
This decision of the Privy Council, as might be expected, did not prove
satisfactory to the coalowners, who persisted in their combination to increase
the cost of coal. Upon the matter coming again before the Council several
of the defenders were assoilzied, but Alexander, Master of Elphinstone, John-
stone of Elphinstone, and Lady Fawside were ordained to pay a fine of £2000
each, and to undergo imprisonment within the Castle of Edinburgh until
they were released by the Council. The enforcement of this sentence the
Lords of Council superseded till they gave further charge.-
1 Register of the Privy Council, vol. xii. pp. 387-8. = Ihid. pp. 418-19.
PRIVY COUNCIL COMMISSION ABOUT COST OF COAL, 1621. xriU
It was now the turn of proprietors of collieries to complain of the
decreet of the Council. Accordingly, they gave in to the Council a remon-
strance on 1st March 1621. They averred that if the Council's decreet
became permanent law "it will altogidder undo and wrak thame, and
nowayes prove beneficiall to the liegeis." In explanation of their action in
raising the price of the coal, they stated " that the chargeis and expenssis,
quhilkis necessarlie the complenaris mon beare oute at thair heughis, hes so
increst and rissin thir yeiris bigane, that some of thame ar ten and some
x.x.™ lib. behind." The case of the Master of Elphinstone is particularly
mentioned as illustrating what is above stated —
"As uamelie, the coill of Litle Fawsyde being, as is knowne, sett on fyre, thair
lies bene so grite chargeis clebursit be the said Master of Elphiustoun for recoverie of
that coin and preventing the utter overthrow thairof be fyre that hardlie can he looke
at ony tyme heirefter to redeme his chargeis, quhilkis exceidis alreddie x™ lib. and he
is presentlie in winning of ane myne quhilk will coist him more nor iiij™ lib."
Other cases besides that of the Master of Elphinstone, and to the same
purpose, the increased cost of working the coal, are given in the remon-
strance.
The Council gave commission to John, Viscount of Lauderdale, and
other four to visit the collieries, and make inquiries, and report to
them.i
On 25th April 1621 a charge was given to the Master of Elphinstone
and other owners of collieries to appear before the Council on May 16th,
and assist with their advice on the reserved points as to the measures
and prices of coal.^ The end of the matter was a compromise to the
effect that the coal was allowed to be sold at three shillings and fourpence
per load.3
1 Register of the Privy Council, vol. xii. pp. 433-5. - Ibid. p. 474.
' Ibid. pp. xxiii-xxiv, G05-6.
rrit) JOHNSTONE OF ELPHINSTONE AT ARCHERY COMPETITION
The Elphinstone Archer Medal of 1603.
While the Johnstones were owners of Elphiustone Tower, several of
them appear prominently in connection with the ecclesiastical business of their
times. The visit to Elphinstone by Cardinal Beton and the Eegent Arran has
been noticed, as well as the intimate friendship which existed between John
Knox and John Johnstone of Elphinstone. But either that Laird of
Elphinstone, or his successor, appears to have found time to retire occasionally
from Elphinstone to Musselburgh to practise himself in archery. An
ancient silver arrow was competed for yearly on the links of Jlusselburgh
by the members of the Eoyal Company of Archers. It is known as the
Musselburgh Arrow. The victorious competitor received the sum of thirty
shillings and a dozen of claret from the magistrates of the burgh, and was
bound, in return, to make and append a medal of gold or silver to the
arrow before the next annual competition took place. The medal usually
bore the figure of an archer in full costume, with the date, and the name
and arms of the victor, who was entitled to retain the arrow, with all the
medals attached, in his possession for that year. This arrow is an object of
much interest as it has attached to it in an almost unbroken series the
annual medals from the year 1603. In the collection of Archer medals on
the Musselburgh Arrow, the oldest medal bears the date of 1603. On one
side is a fully equipped archer with bow and arrow, in position to shoot
with drawn bow. At the top of the medal between two cinquefoils are the
initials S. I. Under this, and above the head of the archer, is the word
Elphinstovne in large lettering. On the obverse side of the medal are the
well-known armorial bearings of the Johnstones— a saltier, surtout on the
fess point a cinquefoil and three cushions in chief, surmounted by a scroll
bearing the motto, ' Gyid them,' and at the foot the date 1603. The annexed
TO WER AND BARONY OF ELPHINSTONE IN STIRLINGSHIRE. XXM
wood-engravings represent this medal, which is the oldest preserved in the
collection of the Eoyal Company of Archers.
V. The second Castle or Tower, and first territorial Barony of
ELPHINSTONE IN THE COUNTY OF STIRLING, CREATED IN 1503.
After the loss of the original tower and lands of Elphinstone in East
Lothian, the heir-male, Henry Elphinstone, the immediate younger brother
of Sir Alexander Elphinstone, knight, who fell at the battle of Piperdean in
1435, obtained the lands which were limited to the heirs-male. Pittendreich
or Pendreich, Airthbeg, and other lands, in the shire of Stirling, in this
way became the property of Henry Elphinstone. His grandson, Sir John
Elphinstone, knight, of Pittendreich, obtained an erection of these lands
together with those of Cragorth into the Barony of Elphinstone.i This
enabled the heirs-male of the family to revert to their original designation
' Charter of erection, dated 4th January 1503-4. (Register of Great Seal, vol. ii.
No. 2765.)
VOL. I. d
rrtJi AIRTll BAROXY ACQUIRED BY SIR JOHN ELPHINSTOXE, 1497.
of Elphinstones of Elphinstoue, while the owners of the original tower
designated themselves Johnstones of Elphinstone.
Alexander Elphinstone, who was then designated of Innernochtie, the
son and successor of Sir John, was created LoKD Elphinstone in 1509.
On the lands of the new barony of Elphinstone a new tower was erected
called the tower of Elphinstone, which became the principal messuage of the
new barony. It formed the chief residence of the Lords Elphinstone for
eight generations of the family down to, and including Charles the ninth
Lord. For family reasons he was induced to dispose of the new barony and
tower of Elphinstone to the Earl of Dunmore. His lordship erected there a
spacious mansion-house called Dunmore Park. A new Episcopal church
called St. Andrew's was afterwards built by Catherine, Dowager-Countess
of Dunmore, and a burial-ground adjacent to it, also consecrated, with an
obelisk to the memory of the Earl and Countess of Dunmore. Dunmore
Park and the new church and burial-ground absorbed the site of the old
tower of Elphinstone. After the church and burial-ground were completed
a lithograph was printed both of the church and ground. This lithograph
has been specially collotyped aud is here included.
VL The Barony of Eeth or Airth acquired by Sir John Elphinstone,
Knight, of Elphinstone, in 1497.
Before obtaining the erection of the new barony of Elphinstone in 1504,
Sir John Elphinstone acquired from his kinsman, Patrick, Lord Lindesay of
the Byres, the lands and barony of Airth and the lands of Cragorth in
the shire of Stirling.^ The Erths of Erth and their castle of the same
name are associated in history with Sir William Wallace, and, in later
times, the barony and castle of Airth have been long identified with a branch
of the family of Bruce.
1 Charter of Airth, dated 5th November 1497. Confirmation by King James the Fourth,
dated 21st November 1498, both in Elphinstone charter-chest.
HISTORY OF THE BARONY AND CASTLE OF AIRTH. XtO\l
One of the many exploits of Wallace, performed during the arduous
struggle for the liberty of his country, is associated with the original
castle of Erth. The metrical minstrel of the warrior has related at length
his daring and successful attack on the castle. Pushing south from Perth
towards Stirling, Wallace was stopped there by the English. He hastened
down the north side of the Forth to the ferry of Erth, and obtained a boat
to ferry him across the Firth. Erth Castle was then governed by Thomlyn
of Ware, who was a hard ruler of the district. Wallace succeeded in putting
him and all the English soldiers to death. The tower on the west side of
the present castle of Erth is still called " Wallace's Tower," and the " turn-
pike stair" is still shown as the place where Wallace killed the English
garrison.
In " The Baronial and Ecclesiastical Antiquities of Scotland," by E. W.
Billings, architect, there is a beautiful drawing of Airth Castle. There are
also descriptive notices of the position of the castle on the summit of a hill
about ninety feet above the low-water ground near the Firth of Forth. The
drawing of the castle delineates the south and east fronts. The tower and
the adjoining building to the left are the oldest external portions of the
castle, and date between 1550 and 1600. Mr. Billings explains that the
termination of the turret staircase is the cause of the corbelling.
If " Wallace's Tower " and the " turnpike stair," which tradition marks
as the spot where the hero despatched the English, be really what tradition
affirms, they must have been of a much earlier date than the present tower
and turnpike, both of which are of comparatively recent erection. But the
tradition may have been transferred from the earlier to the later castle.
In the final battle between the forces of King James the Third and those
of his son the prince, which occurred at Sauchieburn, near Stirling, in June
1488, several of the neighbouring proprietors had their mansions burned. In
the accounts of the Lord Treasurer for the year 1488 a payment is entered
to Eobert Bruce of Ertlit of £100, " to the byggin of his place that was byrnt."
rrtilil ERECTION of AIRTU INTO AN EARLDOM, 1633.
This payment was no doubt intended to assist the Laird of Ertht in rebuild-
ing his place.i
The family of Erth of Erth came to be represented by co-heiresses, and
the original lands of Erth were divided into portions. The family of More
of Abercorn, who succeeded the Erth family, came also to be succeeded by
heirs-portioners to parts of Erth. In course of time the lands of Airth were
inherited by the Elphinstones and other families, who acquired portions
of them. The lands were thus subdivided into fractional parts, sometimes
even a seventh part of a fourth part, amongst the families of Bruce, Drum-
raond, and Somerville. The feudal titles to the barony of Airth are thus
more than usually complicated. At the same time more than one owner of
the barony may be traced, either of the property or superiority or of
fractional parts of the barony, which was so much dismembered.^ King
Charles the First having taken offence at the imprudent boasting of William
Graham, the seventh Earl of Menteith, that his blood was redder than the
king's, as representing the royal Earl Palatine of Strathern, created him
Earl of Airth by patent, dated 21st January 1633. The patent also erected
the lands and barony of Airth, in favour of the Earl and his heirs, into one
free earldom to be named the Earldom of Airth.^
This new earldom did not effectually accomplish the object which the
king had in view in creating it. The grantee only used the title of Airth for
a short time, but he resumed his original title of Menteith, which was so
closely associated with the title of Strathern. Neither did the grantee nor
his successors long enjoy the new creation. The earldom of Airth was
apprised by the Earl's creditors, and he made resignation of the earldom in
' Accounts of the Lord High Treasurer, the Bruces, pp. 312 et seq., also in the "Red
p. 90. The Laird of Keir also received a Book of Menteith," 1880, vol. ii. pp. 3G1 el
payment to assist in rebuilding his place for seg.
the same reason. ^ Airth Peerage Claim, 1839, p. 4. His-
' In " The Bruces and Cumyns " much in- tories of the Earldoms of Strathern and
formation is given on the Airth branch of Menteith, pp. 73 and xcii.
THE BARONY OF KILBRUMMY. XX\X
favour of Alexander Bruce of Airth. He obtained a crown charter of the
lands in 1648. Through his daughter Jean, Lady Airth, the lands came to
the Dundases, and from them to Judge Graham, ancestor of the present
proprietor.
William, first Earl of Dumfries, obtained from King Charles the First a
charter of novodamus of the lands and barony of Airth, on resignation by
WiUiam, Earl of Airth and Menteith, dated 20th December 1633.i The
earldom of Airth was not held long by the Earl of Dumfries.
VII. The Baronies of Inveknochty and Kildrdmmy.
Shortly before the creation of Alexander Elphinstone of Elphinstone as
Lord Elphinstone in 1509, he received from King James the Fourth a charter
of the lands of Invernochty, and many others in the lordship of Strathdon
and Garioch, earldom of Mar and shire of Aberdeen.^ After the erection of
that barony the grantee was designated of Invernochty during the short
interval which elapsed between the erection of that barony and his own
creation as Lord Elphinstone. Besides the barony of Invernochty there was
a parish of that name derived from the junction of the river Nochty with the
river Don. The name was changed to Strathdon, which was considered more
appropriate. But the designation of Invernochty was used by several
members of the Elphinstone family from time to time. John Elphinstone,
parson of Invernochty, was the second son of Alexander, second Lord
Elphinstone, and died in 1616. James Elphinstone, who was third son of
Eobert, third Lord Elphinstone, was sometime designated of Invernochty
before his creation as Lord Balmerino in 1603.
In order to consolidate the lands in the barony of Invernochty and
1 Register of the Great Seal, vol. viii. No. 2266.
- Charter dated 8th August 1507. All these lands -were thereby erected into the free
barony of Invernochty.
rrr the elfhin stone owners of kildrummy.
other lands adjacent thereto, a resignation was made of them to King James
the Fourth, who made a regrant of them, incorporating the whole into the
FREE BARONY OF KiLDKUMMY, the castle of that name to be the principal
messuage.^ The castle of Kildrummy was a cherished residence of the
Elphinstone family. Alexander, fourth Lord Elphinstoue, and his wife, Jane
Livingstone, erected in the year 1604 an aisle, in connection with the parish
church of Kildrummy, as a burying-place for the Elphinstone family, and
several of their sons were interred there as shown in the collotype monu-
ments of them here introduced. After the succession of the late Lord
Elphinstone to his peerage in 1861, he, in the following year, repaired the
Elphinstone aisle. He also employed a local photographer to photograph
the aisle and several of the monumental inscriptions in it, as well as several
portions of the ruins. These ruins have been favourite subjects for photo-
graphers, and several good photographs of them have been made. One of
these by "Wilson and Co. is here introduced in collotype. In the Baronial
and Ecclesiastical Antiquities of Scotland, by Robert William Billings,
architect, vol. iii., there are two drawings of portions of Kildrummy Castle,
with four pages of descriptive letterpress of the history of the castle, archi-
tectural and historical. The writer, who is reputed to have been Mr. John
Hill Burton, explains that the original castle was an appanage of David,
Earl of Huntingdon, Lord of the Garioch, and a younger brother of King
Malcolm the Maiden and King William the Lion. The lordship of Garioch,
with the castle of Kildrummy, descended from Prince David to King
Robert the Bruce, and the history of the castle is associated with the
families of Bruce, Mar, Earl of Mar, Stuart, Earl of Mar, the Erskines,
Earls of Mar, and the Lords Elphinstone, one of whom long held the
judicial title of Lord Kildrummy. The writer of the history of the
castle, although graphic in his descriptions, is not entirely accurate in
his statements. He says : — " The stones are all hewn without and
1 Charter dated lOth December 1507.
CARBERRY TOWER, OLD LORDSHIP, AND CARBERRY HILL. XXX\
within, and must have been brought from a great distance, as there
is not any of the kind of stone in the neighbourhood." Mr. Christie, the
late minister of the parish of Kildrummy, pointed out that there is a
quarry of freestone quite close to the castle, exactly the same as that which
must have furnished the stone of which the castle is built. Kildrummy
Castle also forms the subject of several drawings and descriptions in the
Architecture of Scotland, by David Macgibbon and Thomas Eoss.^ These
are interesting architecturally, but the history which they furnish of the
castle is not so thorousfh as that given in Mr. Billings' book.
VIII. CARBERRY ToWER— THE RESIDENCE OF THE LORDS ElPHINSTONE.
Carberry, including the lands, tower and hill of that name, is situated
south-east of Musselburgh, in the parish of Inveresk and shire of Midlothian,
about seven miles distant from Edinburgh.
Inveresk, the parish to which Carberry belongs, is bounded on the north
by the Firth of Forth. For the most part fertile downs, about half a mile in
breadth, stretch along the shore. Behind this belt of land there is a gradual
ascent of undulating ground, covered with verdure, from which rises Inveresk
Hill, Falside Hill, and a little farther to the south Carberry Hill, about 5i0
feet above the level of the sea. On the northern slope of the latter is Carberry
Tower. The entire district forms part of a beautiful and attractive land-
scape ; and its deeply interesting historical associations form important and
material additions to its charms.
Carberry has held its present name with slight modifications from a
period of considerable antiquity. Originally Crefbarrin, then Crebarrin,
Crebarri, and Carbarrin, the name gradually assumed the form of Carbarrie,
and latterly, as at present, Carberry.
1 "The Castellated and Domestic Architectxire of Scotland," 18S7, vol. i. pp. 108 et seq.
rrrii history of the lands of caeberry.
The lands of Carberry can be traced in history for the long period of nearly
eight hundred years. The earliest mention of them is in the beginning of the
twelfth century, in the time of King David the First of Scotland. The lands
were previously in the hands of the crown. How long they had been so has
not been ascertained. From the crown, at the time referred to, they passed
as a royal gift into the possession of the monastery of Dunfermline.
In the reign of King David the First the religious houses in Scotland,
which were already numerous, were greatly increased in number. So much
was this the case that his benefactions to these houses not only became a
leading feature of his reign, but they stripped the crown of so many of its
landed possessions for the purpose of founding and endowing the houses that
he earned the satirical sobriquet, by which he has since been known, of the
" sair saunt to the croon."
Some idea of the profuse liberality of this king to the church may be
formed from the fact that the monasteries of Kelso and Holyrood, the abbeys
of Melrose, Xewbattle, Jedburgh, Dryburgh, Cambuskenneth, and Kinloss, the
priory of Lesmahagow, and the Cistercian convent of Berwick, were all founded
and endowed by him. Besides these, he remodelled other religious houses
in the kingdom. He bestowed upon the whole most extensive and valuable
territories. The monastery of Dunfermline was not founded by King
David the First, but it was restored by him,^ and he largely augmented
and enriched its endowments.
Inveresk at this early period was divided into Inveresk Minor and
Inveresk Major. The former had already been bestowed by King Malcolm
Canmore and Queen Margaret, his consort, on the monastery of DunfermUne.
King David the First confirmed by charter the gift of King Malcolm, and
other gifts made to the monastery. He also in the same charter added to
these gifts that of Inveresk Major, with mills and fishings, Smithetun, and
Crefbarrin or Carberry, and many other subjects.^ The charter is undated,
but the date may be stated approximately as c. 1125.
• Regiatrum de Dunfermelyn, p. xi. ^ Ibid. p. 5.
GIFT BY KING DAVID THE FIRST OF CARBERBY. XXXXW
Aboixt the same time, King David the First gave a separate charter
of Crefbarrin to the monastery of Dunfermline, which shows that the
place was of some importance. This charter, unlike the one quoted above,
is brief; and, on account of its early date and its having relation solely
to Carberry, it is here subjoined : —
"Dauid Rex Scottorum, omnibus horainibus suis, salutem. Sciatis me dedisse et
concessisse ecclesiae Sanctae Trinitatis de Dunfermelyn in elemosina, Crefbarrin.
Testibus, Johanne episcopo, E[duardo] cancellario, et Hugone de Morevill. Apud
Elbotle."!
The charter translated is as follows : —
David, King of Scots, to all his subjects, greeting. Know ye that I have given and
granted to the church of the Holy Trinity at Dunfermline, the land of Carberry in
almsgift. Witnesses, John the Bishop, Edward the chancellor, and Hugh of Morville.
At Elbottle.
For the long period of nearly a hundred and fifty years subsequent to
the granting of this charter, or down to 1277, there are charters by the four
kings, Malcolm the Fourth, William the First, Alexander the Second, and
Alexander the Third, who all in turn succeeded King David, confirming the
monastery of Dunfermline in their possession of Crefbarrin.^
These successive confirmations show that from c. 1125 to 1277 the
monastery of Dunfermline continued to hold Crefbarrin and the other lands
mentioned therein. During this latter part of the period, however, in the
reign of King Alexander the Second, the monastery appears to have parted
' Registrum de Dunfermelyn, p. 9. In a Bull to the monastery of Dunfermline, in
Bull in favour of the monastery of Dunferm- which Crebarrin is again included. The
line. Pope Lucius the Third took under his Bull is given at Parusii, Sth Ides of October
protection all the possessions of the monas- (Sth October) 1234. \Ihid. p. 176.]
tery, including, along with others, Wymet, ^ jud^ pp jg^ 28, 40, and 46. In these
Crebarrin, and Smithetun. The Bull is ch.arters the lands are variously named
dated Verofl, 14th Kalends of November Crefbarri and Crebarrin. In c. 1230 there is
(19th October) 1184. {Ihid. pp. 156-158.] mention of the wood of Crebarrin. [Ihid.
Pope Gregory the Ninth granted a similar No. 180, p. 102.]
VOL. I. e
rrn't) the early owners of carberrt.
with its right of property in the lands of Crefbarrin, and to have retHined
only the superiority. This is borne out by the fact that in c. 1230 Carberry,
as will afterwards be shown, was in other hands. Sometime previous to that
year, probably when it was acquired by its new owners, Crefbarrin must also
have been erected into a lordship. The date and circumstances of its erection
have not been preserved, but about the period just mentioned, it is described
in two charters as a lordship. These charters also show that the new
owners of Carberry had no surname.
One of the charters is by Adam, the son of Patrick of Crebarrin, to the
church of the Holj' Trinity of Dunfermline, and to the abbot and convent
thereof, of four bovates of lands of his lordship of Crebarrin, and two bovates
that were warland in the same town, free from all services, forfeiture and
demand, and other subjects. For the whole the grantees were to render
at the feast of St. Michael a pair of iron spurs. The granter was to answer
for all services to the king. Among the witnesses to this charter are John
of Crebarrin, whose seal is stated to be appended to the charter, Arcombaldo
de Crebarrin, and Peter his brother.^
In another charter John of Crebarrin granted to \V[ilIiaiii], abbot of
Dunfermline, eighty acres of his lordship (dominio meo) of Crebarrin, with
a croft, for fifteen years, the term beginning at Martinmas 1232.^ The
same Adam and John of Crebarrin, respectively, in other charters still
preserved, gave to the church of the Holy Trinity portions of land in their
fee of Crebarrin.^ In the case of Adam, his gift was, with consent of Alan
of Fawside, of all the lands which Alan held of the granter's father and
of the granter himself, in his fee of Crebarrin, for six pennies yearly.* It
is apparent from these charters that Patrick had held tlie lands of Crebarrin
before Adam his son. Carberry is not again, after the date of these charters
referred to as a lordship.
1 Registnim de Dunfermelyn, pp. 102, 103. ^ Tbkl. pp. 103-105.
2 Ibid. pp. 104, 105. ^ Ibid. pp. 103, 104.
PATRICK, ADAM, AND JOHN OF CREBARRIN. XXXM
It will be observed that Alan of Fawside had a part of Crebarrin which
he held of Patrick and Adam of Crebarrin above mentioned, and which with
his consent was given to the church of the Holy Trinity of Dunfermline in
the manner described. He would appear to have received the same or
another portion of Crebarrin back, and thereafter to have held it of the
church. There is a charter by him quitclaiming to the church of the Holy
Trinity five times twenty acres of the land which he held of the same in the
fee of Crebarrin, viz., sixty acres in le Wyteside, and three bovates in les
Laybrokes, for the salvation of his own and also that of his father's and
mother's souls.^
In another charter by Alan of Fawside to the abbot and convent of
Dunfermline, he agreed to pay them, at the vigils of St. Michael, five
shillings silver for the land he held of them in the fee of Crebarrin, and to
pay teind and multure for the same, and make homage and fealty. Adam
of Crebarrin is one of the witnesses to this charter.^
For the long period of two centuries and a half, or from the year 1277
when King Alexander the Third, as already stated, confirmed to the
monastery of Dunfermline their possession of Carberry, to the year 1543,
there is very meagre information about Carberry. Whether the descendants
of John and Adam of Crebarrin and of Alan of Fawside inherited Carberry,
and if so, for how long it continued in their respective families, does not
appear. Indeed, they drop out of notice after the transactions referred to,
and so far as known do not again figure in connection with Carberry. But
the superiority of the lands, and, probably, to some extent at least, the
property, continued vested in the monastery of Dunfermline during the
whole of that time.^
1 Registrum de Duufermelyn, No. 186, any date. They appear to range from c. 1230
p. 105. to c. 1235.
' Carberry and other gifts were confirmed
- Pad. No. 187, p. 106. None of the to the monastery of Dunfermline by great
charters now described from Adam and John seal charter on 22nd March 1450-1. [Regia-
of Crebarrin, and from Alan of Fawside, bear ter of the Great Seal, vol. ii. No. 429.1
XXVOi GARBERRY ACQUIRED BY MR. HUGH RIG, 1543.
When next Carberry comes into notice, Mr. Hugh Eig, a burgess in
Edinburgh, and Jonete Hoppare, his spouse, receive a nineteen years' lease
of the lands, coal pits, coal heughs, and coals of Carberry, extending to forty-
eight oxgangs of land, from Whitsunday 1541. The whole subjects are
described as lying in the shire of Musselburgh, regality of Dunfermline, and
sheriffdom of Edinburgh. Mr. Eig and his spouse, however, soon obtained a
more permanent holding of Carberry. The lease was two years later followed
by a charter from George, archdeacon of St. Andrews and commendator of
Dunfermline, which received confirmation from Queen Mary, of the lands
and others contained in the lease in feu-farm. For their holding of these
they paid annually 40 lib., 12 bolls of corn, and 48 capons. To the convent
for their pittances they paid 40s. For the coals, etc., they gave a tenth of
what happened to be found there. Duplication of the feu-farm was to take
place at the entry of an heir. They were also to render three suits at the
three head pleas in the Tolbooth of Musselburgh, with multures to the mills
of Musselburgh. Alienation was forbidden unless with consent of the abbot.
The charter is dated at the monastery of Dunfermline on 22ud May, and
confirmed on 21st July 1543.^
The new owners of Carberry were a family of some importance. Hugh
Eig, the first of the family who owned it, was a burgess of Edinburgh.
George Buchanan, who was his contemporary, describes him as remarkable
for his huge body and great personal strength.- He was a lawyer, and was
admitted an advocate on 16th November 1537. Knox states that in 1540
"Maister Hew Eig, then advocattis," bore testimony to the remorse of
Thomas Scott, justice-clerk, for his condemning to the stake many of the
early reformers.^
Upon his receiving Carberry in feu-farm in 1543, George, commendator of
1 Register of the Great Seal, vol. iii. No. 2941.
2 History of Scotland— Aikman's Edition, 1829, vol. ii. p. 308.
3 Knox's History — Wodrow Edition, vol. i. pp. 69, 70.
CARBERRY TOWER BUILT, c 1543. imOU
Dunfermline, granted to Hugh Eig and Jonet Hoppar, his spouse, a discharge
for V lib. viii sh. which fell to be paid under the new arrangement, in
augmentation of the rental of the lands, during the unexpired period of
the lease of 1541.i He was present at the swearing in, on 5th October
1545, in presence of the lords of council, of sheriffs commissioned by Queen
Mary for serving Hugh Montgomery, afterwards second Earl of Eglinton, as
heir of Hugh, first Earl of Eglinton, his grandfather.^ He was tutor to
Margaret, daughter of George, fourtli Lord Home. Nisbet, who states this
in his Heraldry, says he had seen a writ of Hugh Eig, as tutor to this
lady, in 1546, to which was appended his armorial seal bearing a saltier
between three mullets, one in chief and two in the flanks, with a crescent
in base.*
The date and even the period in which Carberry Tower was built has
never been definitely ascertained and settled. There is reason to believe,
however, that immediately upon Hugh Eig obtaining a charter of the lands
he resolved to erect a mansion on them with a view to his residing on the
estate. There is no trace, either in public or private records, of the existence
of any tower on Carberry previous to the time of the Eig family coming
into possession of it. The presumption is that if there had been such an
erection on the lands during the long period, or a part of it, when they were,
so far as known, retained in the hands of the abbot and monks of Dunferm-
line, it would have been used as one of their residences and in this character
have been frequently mentioned in their register.
On the other hand, the absence of any reference to such a building
during their occupancy of the lands gives rise to the inference that it was
not built previous to the year 1543, and that Hugh Eig then or soon after
had it built as his family residence.
1 Registrum de Dunfermelyn, No. 552, p. 392.
^ Memorials of the Montgomeries, Earls of Eglinton, vol. ii. p. 135.
3 Niabet'a Heraldry, 2nd Edition, 1804, vol. i. p. 145.
tXtOiii DESCRIPTION OF GARBERRY TOWER.
As formerly stated, Carberry Tower is situated on the northern slope of
Carberry Hill, and commands an extensive view of the fertile plain which
stretches from the hill towards Edinburgh. Built in unsettled and troublous
times, it was made to answer the twofold purpose of a residence and place
of defence, and was therefore made of iinusual strength. The imposing
walls of the tower, which are seven feet in thickness, are evidence of this.
It is vaulted both over the ground floor and again under the flat roof at
the top of the tower. The parapet walls are also of massive thickness,
with inclined coping, and pierced with two wide gunholes below the coping.
From a corner of the tower above the porch there rises a stand constructed
of stone to hold an iron beacon, from which signals of danger could be
displayed to the surrounding country.^ On the corbelling below the parapet
there are a series of winged cherubs. Hugh Eig had coat armour : but
instead of displaying any portion of it, he preferred the cherubs, which
suggested the couplet —
" Auld Hugh Eig was very big, but a bigger man was lie
When his cherubs chirped on his new Tour of Carbere."
About seventy years ago, Carberry Tower was adapted to modern require-
ments. A collotype of the tower, as it now appears, is given in these
pages. What now forms the kitchen of the house was formerly, to all
appearance, used as a guard-house where prisoners could be lodged. To the
south of the tower in the garden is a dial bearing the date 1579. There
are also other two dials, beautiful works of art, and of ancient date, at
Carberry.
Besides the building of Carberry Tower, historical events of great
importance connected with Carberry took place in the time of Hugh Eig,
who was himself associated with the one falling first to be noticed. This
1 Descriptions of Carberry Tower are given in The Castellated and Domestic Architecture
of Scotland, by Macgibbon and Ross, vol. iii. pp. 430-432 : also in the New Statistical
Account of Scotland, vol. i. pp. 278-279.
HUGH RIG OF GABBERRY AND THE BATTLE OF PINKIE, 1547. XXXXX
event was the battle of Pinkie, fought on the 10th September 1547. If the
building of Carberry Tower was completed at this time, from its windows
and parapets a clear view of the battle would be obtained. In any case
the top of the hill and even its western slopes would be a vantage ground
from which the struggle, so fatal to Scotland, could be seen by a spectator.
The site of the battle stretches from the How Mire to the Carberry and
Falside Hills, or from the village of Carberryhill to that of Inveresk.
The story of the battle is well known, and has already been told in this
volume, in the memoir of Alexander, second Lord Elphinstoue, who was
one of those who fought and was slain in the battle. It is, liowever,
necessary to give some relation of it here in order to point out the impor-
tant part acted by the Eig laird of Carberry, in the events which immediately
preceded it.
Mary Queen of Scots and King Edward the Sixth of England were both
in minority. Prompted by the dying wish of King Henry the Eighth, the
father of Edward, England resolved that the two sovereigns should be allied
in marriage. Scotland was opposed to the match. England would take no
refusal, and Protector Somerset led an army of 16,000 men into Scotland, and
encamped between Preston and Tranent. The Scottish army, assembled to
defend their country and Queen, numbered 36,000 men under the Eegent
Arran. These took up their position between two and three miles to the
south-west of Musselburgh. Somerset finding himself opposed by superior
numbers, and seeing the strong position taken up by Arran, made proposals
to avoid bloodshed, which were refused by the regent. Thereafter Somerset
sent overtures to the Scottish army, the chief article of which was that
Queen Mary should not be contracted in marriage for a period of ten
years. The overtures were drawn up in a conciliatory spirit. Arran com-
municated them to four persons only, whom he took into his confidence.
Hugh Rig of Carberry was one of the four. The other three were rela-
tions of Arran. None of them had experience of military affairs. By their
rl MR. HUGH RIG OF GARBERRY AND THE REGENT ARRAN.
advice the overtures were concealed from the Scottish nobility in case
they should be accepted by them, and rumours were circulated which
eventually led to the battle so disastrous to Scotland. The Scottish army
was defeated with great slaughter.^
The confidence which the Eegent Arran reposed in him showed his
influence in the country. The advice which he gave, however, was un-
fortunate. It may have proceeded from interested motives. Certainly at
the time there were those who believed that this was the case, and that he
and the abbot of Dunfermline had procured the final order of the regent
to advance to the battle. Knox, who makes this statement in his history,
says, " At lenth a charge was gevin in the Governouris behalf with sound of
trumpett, that all men should merche fordwarte, and go ower the watter.
Some say that this was procured by the Abbote of Dumfermeling and
Maister Hew Eig for preservation of Carbarry."^
The event next claiming attention in relation to Carberry is the surrender
there of Queen Mary to the confederate lords. Twenty years had elapsed
since the battle of Pinkie. • On this occasion Scotland was not risen against
England, but against its own queen, on whose behalf Pinkie had been fought.
Then, at Pinkie, England demanded the marriage of Queen Mary to her
king. Now, at Carberry Hill the marriage of the queen to Bothwell was
the disturbing element which occasioned the warlike gathering there.
The marriage of Queen Mary and Bothwell, and especially the circum-
stances connected with it, were highly displeasing to the country. The most
of the nobles rose in arms against the queen and Bothwell. On 1 2th June
they issued a proclamation charging the latter with the murder of Darnley,
the abduction of the queen, and the inducing her to enter into a dishonest
and unlawful marriage with himself.^ Bothwell and the confederate lords
' Buchauan'a History of Scotlaud, Aikuian's edition, vol. ii. pp. 306-310. Lindsay of
Pitacottie's History of Scotland, third edition, 17SS, pp. 300, 304.
2 Knox's History, Wodrow edition, vol. i. p. 211. ^ Hid. pp. 557, 55S.
SURRENDER OF QUEEN MARY AT CARBERRY HILL, 1567. XM
mustered their opposing forces and met in battle array on Carberry Hill
on 15th June 1567. After some conference with the queen, Bothwell left
the field and fled to Dunbar, while Mary surrendered herself to the lords,
who that night brought her to Edinburgh, and on the day following sent
her a prisoner to Lochleven Castle.
There was a painting of the battle array at Carberry Hill in 1567 in Ken-
sington Palace, which was presented to the royal family by the Eight
Honourable Thomas, Earl of Pomfret, in 1738. An engraving of this picture
was made in 1742, a copy of which is now at Carberry. The following
description of the engraving will give some idea of the scene on the hill on
this memorable occasion : —
On the right is seen Queen Mary's army drawn up in order of battle, and with the
Royal Standard unfurled, rising above a fore-st of spears. In front of this array is
represented a line of cannon in full blaze. At the rear some of the soldiers are
represented riding away as if deserting the Queen.
On the left side is the opposing host of the confederate lords of Scotland also drawn
up in battle array. In front of them is borne a large banner showing the body of the
murdered king, Henry Darnley, stretched on the ground at the foot of a tree, with the
young Prince James kneeling beside it, and written at the top is the sentence : — "Judge
and revenge my cause, 0 Lord." Their army is arranged in three battalions ; in
front of the left one are a number of trumpeters sounding ; in front of the central one
is borne the large banner just described, and behind it, conspicuous above the host of
spears, are the banners of the confederate nobles, viz. : — Glencairn, Atholl, Erskine,
Ruthven, Boyd, Semple, etc. ; while along with the right wing are the banners of
Douglas, Home, and Murray.
In the centre of the field, between the two armies, is Queen Mary seated on
horseback and followed by a mounted female attendant. She is advancing towards the
confederate lords, her horse being led by the bridle by the Laird of Grange, to whom
she liad surrendered herself.
Away in the distance the figure of Bothwell is observed leaving the field with all
possible speed, and making his way over the hills to a safe retreat in the castle of
Dunbar.
An effective background to the scene is formed by the hills of Dunbar, and the
town of Dunbar itself, duly named, is shown at the extreme left of the picture.
VOL. I. /
rlii BATTLE ARRAY AT CARBERRY HILL, 1567.
In the foreground, and also towards the left side of the picture, Edinburgh is repre-
sented by the castle perched on its impregnable rock, St. Giles, with its inimitable
crown, surrounded by a cluster of dwelling-houses, and the palace of Holyrood standing
alone in its grandeur, with Arthur Seat and Salisbury crags towering over all.
At the foot of the engraving, supporting a tasselled scroll, is a regal crown, flanked
on one side by a unicorn and on the other by an eagle vorant, ornamented with battle-
axes and other warlike implements. On the scroll is the following inscription : —
" The Battle-Array of Carberry-hill, near Edinburgh, with the Surrender of Mary
Queen of Scots to the Confederate Lords of Scotland, and the escape of Earl Bothwell,
1567."
Printed round the margin of the engraving ^ is the following quaint description, of
which we append a translation : —
IN BELLVM PRODEVNT SCOTORVM REGINA TRADITORQVE BOTHWELLVS :
CONTRA QVOS VENIVNT REGNI ILLIVS PROCERES LAMENTABILE HOC QVOD
VIDEAS FERENTES VEXILLVM ; PROFLIGATVS BOTHWELLVS AD DVNBARVM
IN CASTELLVM FVGIT : REGINA VERO SIMPLICI HABITV DEFORMATA SESE
IN MANVS NOBILIVM DEDIT : IN QVORVM CONVENTV DICTVM EST JVDICIVM
IN CAEDIS SVPERIORIS PRINCIPES DVOS.
Translation.
The Queen of Scots and the Traitor Bothwell go out to war : against whom come
the chief men of that kingdom carrying this lamentable banner, which you see ; the
profligate Bothwell fled to the castle of Dunbar. The Queen, however, arrayed in a
mean habit, surrendered herself into the hands of the nobles, in whose convention
judgment was given against the two chief actors of the above-mentioned slaughter.
The stone on which Queen Mary sat while she conferred with Kirkcaldj' of
Grange is still pointed out on Carberry Hill as the " Queen's Seat." The spot
is also marked by a copse erected by John FuUerton of Carberry, the uncle
of Elizabeth, heiress of Carberry, to whom William Fullerton Elphinstone
of Carberry was married. In commemoration of the battle array the late
William, fifteenth Lord Elphinstone, also erected a large stone on the
' The engraving is subscribed, "Geo. Vertue, delin. et sculp. 1742." On recently
inquiring at Kensington Palace about the painting of Carberry Hill, we were informed
that the paiuting is not now at that palace.
HISTORY OF MR. HUGH RIG OF CARBERRY. X\\\\
summit of the hill, having engraved on it an antique crown and the mono-
gram M.E.
Hugh Eig of Carberry and Janet Hopper, his spouse, obtained from Eobert,
commendator of Holyrood, an assedation or lease of ten garbals of the lands
and town of Mortoun, in the parish of Liberton, and shire of Edinburgh.
The charter is dated 31st July 1546.i
Throughout his career Hugh Eig was actively employed in public affairs.
Instances of this have already been noticed. In addition to these there are
his parliamentary attendances and appointments, which extended to the close
of his life. In 1538, he was depute constable in parliament.^ Commissioned
by the king and council, along with certain of his colleagues, as advocates,
to be procurator for Sir James Coluill of Est Wemys, knight, who was
accused of treason, Hugh Eig declared in the 1539 parliament his willing-
ness to do as commissioned, but protested that his doing so should not be
imputed to him as a crime.^ In the years 1544, 1545, and 1546, he was in
parliament for Edinburgh and also on the articles.* In the same years he
was one of the commissioners for holding parliament.^
On the death of Hugh Eig, probably soon after 1546, his son, James Eig,
succeeded to the inheritance of Carberry. John Knox, the reformer, in his
testament, which he made on 13th January 1572, the year of his death,
includes James Eig among his debtors for teinds and maills. The following
extract from the testament shows the extent and nature of the debts : —
" Item, restand awand to the said umquhile Johnne, the sowmes underspecifeit, as
for ane part of the sylver of his said stipend of the said yeir of God I™ v" Ixxij yeiris.
In the first be James Kig of Carberry for the half teynd of Cowsland xxxiij'' vj^ viij''.
... Be James Rig of Carberry for maill thereof, xx'V *
It is apparent from this excerpt that Cousland was at this time one of
1 Charters of Holyrood, pp. 273, 274. * Ibid. pp. 446, 455, 467, 468, 471.
5 Ibid. pp. 449, 454, 470.
2 Acts of the Parliaments of Scotland, « M'Crie's Life of Knox, edition 1855,
vol. ii. p. 352. 3 jf)i,i p, 353 Appendix, p. 457.
rlit) COUSLAND POSSESSED BY THE RIGS OF CARBERRY.
the territorial possessions of the Kigs of Carberry. Cousland was about
this time annexed to the parish of Cranston, in the shire of Edinburgh. It
does not appear when the family acquired the estate. If it belonged to
them in the time of Hugh, the father of James, he must have suffered loss
by the burning of Cousland by the Protector Somerset when he invaded
Scotland in 1547.
James Eig, the laird of Carberry, served on the jury in the trial of
John Sempill of Beltries for being concerned in the slaughter of the Eegent
Morton.^ The trial took place on 15th June 1577. He served in the same
capacity in another trial in 1579-80.^ In 1590 "Carbarry " is included in
the roll of landlords in the shires of Scotland.^ He died about the year
1600, when, on 29th January, his son, Quintigernus Eig, was retoured heir
to his father, in a tenement in the burgh of Edinburgh.* Quintigernus Eig
had a charter of the lands of Carbarrie on 1st April 1600.^ In 1627, James
Eig was in possession of Carberry. He was probably a son of Quintigernus
Eig, who must have died before then. In the year mentioned the name of
James Eig occurs in a list of the teindable lands of the parish of Inveresk,
prepared by a royal commission appointed to collect information regarding
parish endowments in Scotland. The extent of the teindable subjects for
which he was liable is set down in the list as the "12 pleuch lands ' of
" Carbarrie." ^ In 1643, he was on the committee of war for Edinburghshire.''
He died in or before the year 1655.
Upon the death of James Eig of Carberry, William Eig of Carberry
succeeded him. There are several references to him in the minute-book
of the kirk-session of Inveresk parish church. On May 29th, 1655,
' Pitcairn's Criminal Trials, vol. i. j). 72.
5 Registrum de Dunfermelyn, p. 495.
2 Ihid. p. 84.
3 Register of the Privy Council, vol. iv.
p. 783.
« Inveresk Parish Lore, by R. M'D. Stir-
ling, pp. 111-114.
< Special Retours for the County of Edin-
7 Acts of the Parliaments of Scotland,
burgh.
vol. vi. part i. p. 52.
THE RIGS OF CAEBERRY FROM 1543 TO 1659. X\0
liberty was given him to make his seat in the church more convenient.
In granting this permission, however, the Session required him to " cause
repair his yle (aisle) with furmes (forms), that so the common people may
have the more convenience to sitt upon." The Session further called upon
him to strike out lights (windows) "that the church may be better en-
lightened therby." ^ A dispute about the tokens of the church was referred
for settlement to William Eig and other three lairds on 24th July of the
same year.^ He was an elder in the church, and consequently a member of
the kirk-session. On 4th November 1659, he was elected a ruling elder to
the Synod.^ This laird of Carberry was likewise a commissioner of supply
during the years 1655, 1656, and 1659.* William Eig of Carberry was
married to Jannet Dishingtoune, and they had a daughter, Mary Eig, in
1658.
The property of Carberry had now continued in the family of Eig
for five generations, from the year 1543 to 1659, a period of a hundred
and sixteen years. Their feudal superior for the first forty-four years of
that time, or down to 1587, was the monastery of Dunfermline. In that
year, as a result of the Eeformation, the act of annexation of church lands
was passed in Parliament, annexing all temporal benefices to the crown.^
By that act the lands of the monastery of Dunfermelyn became vested in
the crown. In the case of Carberry, one of these lands, a four and a half
centuries of continuous possession was thus terminated.
In the same year, 1587, in which the act of annexation was passed, on
28th July, King James the Sixth, on reaching his perfect age, granted and
quit-claimed to John Maitland of Thirlstane, knight, his vice-chancellor
and secretary, the lordship and barony of Musselburghshire, including the
town and lands of Smetoun, Inveresk, Carbarrie, and others, and all other
1 Inveresk Parish Lore, by R. M'D. Stir- * Acts of the Parliaments of Scotland,
ling, p. 135. vol. vi. part ii. pp. 839, 851, 852.
2 Ibid. p. 136. 3 /6j(i_ p. 140. = Ibid. vol. iii. pp. 431-437.
rItJi CARBERRY INCLUDED IN DOWRY OF QUEEN ANNE, 1594.
lands formerly belonging to, and now resigned by the monastery of Dun-
fermline. The king incorporated the whole into the barony of Musselburgh,
with free regality, etc.^
Additional charters of the lordship, barony, and regality of Musselburgh-
shire, including the lands of Carberry, were given to John, now Lord
Thirlstane, chancellor of Scotland, confirming the one of 1587. There
were two charters to him and Jean Fleming, his spouse, dated respectively
21st December 1591,^ and 15th July 1593,^ and one to him and his spouse,
in liferent, and to John, Master of Thirlstane, their son, in fee, dated 7th
March 1593-4.*
On the same date as this last charter, King James the Sixth, who granted
it, also gave a grant of the same lands to Queen Anne of Denmark, his
consort, as part of her marriage dowry .^ These two conflicting charters
created conflicting rights which led to litigation between the respective
grantees of the lands. The matter was finally settled in favour of Lord
Thirlstane on the ground of the previous grants which he had received of
them. Thereafter Carberry and the rest of the regality of Musselburghshire
were inherited by the descendants of Lord Thirlstane, the Earls and Dukes
of Lauderdale, to the close of the life of John, fifth Earl of Lauderdale, when,
in 1709, the greatest part of the regality was purchased by Anne, Duchess
of Buccleuch and Monmouth.
WiUiam Kig of Carberry was the last of his family who possessed
Carberry. Soon after the period in which mention is last made of him,
Carberry was acquired by Sir Adam Blair. On 23rd December 16G9, Sir
Adam obtained from Parliament the ratification of a charter granted by the
king, for himself, and as Prince and Steward of Scotland, under the great
seal, in his favour, of the three merk lands of Over Lochrig, and others, in
» Register of the Great Seal, vol. v. No. 1305. The charter of the lands is dated the
day before the passing of the act of annexation, which was on 29th July, and thus anticipate
it by one day.
2 Ihid. No. 1982. ' Ihid. No. 2352. * Ibid. vol. vi. No. 73. ° Ihid. No. 75.
THE BLAIRS AND DICKSONS OF CARBEREY. X\W
the bailiary of Cuningham and sheriffdom of Ayr. In the ratification he is
described as Sir Adam Blair of Carberrie, l^inight.^
On 24th October 1695, Sir Adam Blair, younger of Carberrie, and others
were proposed and approved for the of&ce of the eldership in the parish
church of Inveresk.^ This Sir Adam Blair, younger of Carberry, knight,
married Dame Agnes Wallace, and had four children baptized in Inveresk
parish church.
Sir Adam Blair, senior, was commissioner of supply for Edinburghshire
in 1686. At the Eevolution he took part with King James in France,
corresponding with him by going or staying there without liberty and after
the time prescribed by law. For this a process of forfeiture was commenced
against him in parliament. He was singled out along with John, Earl of
Melfort, and John, Earl of Middleton, as the only persons to be prosecuted
for the time.^ On 2nd July 1695, sentence of forfeiture was pronounced
against him.*
Sir Eobert Dickson of Inveresk was the next owner of Carberry. He
was descended from John Dickson, a wealthy merchant in Glasgow, and
was the grandson of the celebrated David Dickson, minister of Irvine, and
afterwards professor of divinity in the University of Glasgow, who was the
only child of John Dickson, the Glasgow merchant. Sir Eobert was com-
missioner to parliament from 1703 to 1706 inclusive.^ He was also a
commissioner of supply for Edinburgh in 1704.^ He voted for the Union
in 1707.' He died in October 1711,^ and was succeeded by Sir Eobert
Dickson of Inveresk, his son."
Dr. Alexander Carlyle was minister of Inveresk parish from 1748 to
his death in 1805 — a period of nearly sixty years. In his Autobiography
1 Acts of the Parliaments of Scotland, * Ibid. pp. 112-114.
vol. vii. p. 603. 5 tJjVZ. vol. xi. pp. 30, 114, 207, 301.
2 Inveresk Parish Lore, by E. M'D. •= Ihid. p. 139. ' Ibid. p. 404.
Stirling, p. 144. 8 Services of Special Retours — Lindsay's
3 Acta of the Parliaments of Scotland, —1700-1749.
vol. ix. p. 407. ^ Ibid.
XVoiii JOHN FULLERTON OF CARBERRY.
he makes allusions to Carbeny and Sir Eobert Dickson its owner. Sir
Eobert did not reside at Carberry, but his brother-in-law, Lord Elchies,
a senior judge, who married a sister of the baronet, lived there with his
family of three sons and several daughters. While at Carberry they had
the use of the Carberry aisle in the parish church. Referring to the
period soon after his settlement at Inveresk, Carlyle says there was a good
room in the aisle. When Lord Elchies attended at church he retired to this
room for a cold collation. On these occasions he was in the habit of enter-
taining Sir Eobert Dickson of Carberry and Carlyle himself when he did not
preach in the afternoon.^ Carlyle gives some reminiscences of his lordship.
Sir Eobert Dickson, Carlyle states, was a weak and vain man, and went
through his whole fortune. He sold the estate of Carberry about the year
1752 to John Fullerton, who afterwards resided on the estate^ and was
designated of Carberry. When the sale of the estate took place. Lord
Elchies removed to the House of Inch, near Edinburgh, where he died
in 1754.3
John Fullerton lived after his purchase of Carberry for twenty-three
years. He died on 4th February 1775, and was buried in the aisle belonging
to the estate at Inveresk.* He married Elizabeth Coult, but had no children.
Before his death, on 2nd September 1774 he made an entail of his estate.^
In accordance with his entail, Elizabeth Coult received sasine of Carberry
in liferent. The sasine is dated 13th, and recorded in the Particular Eegister
of Sasines for Edinburgh on 14th March 1775.^
' Autobiography of Dr. Alexander Carlyle, Dickson afterwards became extinct [old
pp. 211, 212. Statistical Account, vol. xvi. p. 10].
2 Ibid. pp. 213, 259. Helen, Ann, and ^ Autobiography of Dr. Alexander Carlyle,
Margaret Dickson are respectively retoured p. 212.
heirs-portioner general to their brother, ^ Inscription on his monumental tombstone
Robert Dickson, and to their father. Sir at Inveresk, a drawing of which is in the
Robert Dickson of Carberry, Baronet, on Elphinstone charter-chest.
21st July 177S. [Special Retours of Service ^ Inventory of Title-deeds of Carberry,
—Lindsay's— 1770-1779.] The family of ibid. « Ibid.
CARBERRY ACQUIRED BY THE ELPHINSTONE FAMILY. XMX
On the death of Elizabeth Coult, relict of John Fullerton of Carberry, on
7th January 1802, the estate of Carberry descended to Elizabeth Fullerton,
the eldest daughter of William Fullerton of Carstairs, and niece of John
Fullerton of Carberry. She was the wife of the Honourable William
Elphinstone, third son of Charles, tenth Lord Elphinstone, a director and
chairman of the East India Company. After this event William Elphin-
stone prefixed the surname of Fullerton to his own. On 7th February 1776,
Elizabeth Fullerton was served heir to her uncle under the entail.^ On 23rd
February 1776, resignation was made of Carberry in favour of Elizabeth
Coult in liferent, and Elizabeth Fullerton in fee.^ A charter of resignation
was on the same day obtained from the crown in their favour.^ Following
on these they obtained sasine of Carberry on 1st July 1776.* Elizabeth
Coult, the widow of John Fullerton of Carberry, died on 7th January
1802, aged eighty-nine years, and was buried beside her husband.^
The Honourable Elizabeth Fullerton Elphinstone of Carberry, after sur-
viving her husband for six years, died on 27th May 1840. On the death of
their eldest son, John Fullerton Elphinstone, unmarried, in 1854, the estate
of Carberry was inherited by his only surviving brother, Lieutenant-Colonel
James Drummond Buller Fullerton Elphinstone, the youngest son of the
Honourable William Fullerton Elphinstone. He was served heir of entail
and provision special in the lands of Carberry, etc., on 4th October 1854.^
Carberry has since continued in the possession of the Elphinstone family,
and is their principal residence.
1 Retoura of Special Service — Lindsay's — ^ Drawing of monumental tombstone and
1770-1779 ; also Inventory of Title-deeds of inscription, ibid.
Carberry entailed estate, in Elphinstone
charter-chest. " Ketours of Special Service — Lindsay's —
2 Inventory, iiid. ^ i^i^i_ 4 iiji^_ 1S50-1859.
i ARMOUEY FORMED BY FIFTEENTH LORD ELPIIIXSTONE.
Armoury at Carberry Tower.
One of the chief attractions of the picturesque residence of Lord Elphin-
stone at Carberry Tower is the splendid collection of arms, family pictures,
and relics of various sorts which are there preserved. The armoury contains
specimens of the weapons of warfare of many nations of a great variety of
types, from the primitive stone club of the savage to the highly finished
and decorated blades from the workshops of the skilful artisans of India
and Arabia. These weapons were mainly brought together by the labours of
William, fifteenth Lord Elphinstone, whose early years of service in the
Eoyal Navy in various regions of the world afforded him exceptional oppor-
tunities for the procuring of such a varied and interesting collection. His
continued zeal and interest in the subject led him to take advantage of
every chance of adding to his armoury whatever he considered would go to
increase its value; and many of the specimens obtainedin his earlier years
could not have been procured without incurring considerable personal risk
and inconvenience. In later life, when his naval successes in the Crimea,
in China, and elsewhere, his succession to the title and estates of Elphinstone
and Carberry, and his nomination to the representative peerage of Scotland,
had brought him into prominence, his interest in his armoury remained as
strong if not stronger than ever, and he received many gifts of weapons for
his collection from those among his numerous friends who had the oppor-
tunity of procuring such specimens. Officers in the navy, Arctic explorers,
friends and acquaintances holding public positions abroad, and travellers in
various regions, from time to time presented to his Lordsliip specimens of
the arms, ornaments, and costumes of the native tribes with whom they came
in contact ; while he himself spared no expense to procure a good weapon
whenever it came within his reach.
His armoury thus steadily increased till it came to contain a very large
number of specimens of the weapons of warfare of many tribes and nations,
THE ARMOURY AT GARBERRY TOWER. \\
being especially rich in those curious and grotesque instruments which are
the handiwork of savage and uncivilised races. The collection is not limited
to weapons alone, but is rendered more interesting by containing numerous
examples of the crude and curious ornaments and primitive garments of
these races. In addition, the armoury is further enriched by the presence
of a number of Scottish and other weapons, whose interest lies mainly in
their historical associations.
All these were carefully and methodically brought together and arranged
by the late Lord Elphinstone, who further made out an elaborate catalogue
with his own neat and skilful hand, in which every weapon is assigned its
place and number, with a descriptive note to each, shortly stating its history
and the date of its addition to the Carberry collection ; and further, there
is subjoined in each case a small but very neat and accurate sketch of the
weapon by his lordship's own artistic hand, to facilitate the identification of
each specimen.
The armoury at Carberry Tower also contains arms of another kind.
Around the walls are displayed the heraldic shields depicting the armorial
bearings of the Elphinstones, Lords Elphinstone, each impaled with those
of his noble spouse in case of marriage, from Alexander, first Lord Elphin-
stone, and Elizabeth Barlow, his wife, in 1509, down to and including
William, fifteenth Lord Elphinstone, and the Lady Constance Euphemia
Woronzow Murray, represented by the arms of Elphinstone impaled with
those of the house of Dunmore. Here are seen the armorial bearings
of many noble and ancient Scottish families, showing the very appro-
priate nature of the marriages of the baronial family of Elphinstone — the
Erskine pale and the Drummond bars, the cinquefoils of Livingstone and
the primroses of the noble house of Eosebery, the lion rampant of the
Maitlauds and the red chevron of the Flemings, the pales of Ruthven
and the silver stars of the Murrays, tressures and double tressures
flowered and counter-flowered with fleur-de-lis. Above the fireplace on a
Ui LORD ELPHINSTONE'S EARLIEST COLLECTIONS OF ARMS.
central shield are represented the full armorial bearings of Lord Elphinstone,
with all his quarterings of Fleming, Fraser, Keith, Drummond, Fuller-
ton and BuUer; while flanking it on either side are the arms of the two
baronial cadets of the family — Balmerino and Coupar.
Around the walls of the armoury, arranged in a picturesque manner,
is the large and varied collection of weapons already referred to. It is,
of course, utterly impossible within the limited scope of the introduction to
the general history of the Elphinstone family to give any detailed or com-
prehensive description of these arms, which would require a separate volume
of ample size; but it is desirable to follow the description of Carberry
Tower with a general reference to this fine collection, which forms one
of its chief attractions, and any specimens of more than passing interest may
be alluded to at some length.
Some of the most curious and interesting weapons in the armoury were
procured by Lord Elphinstone at an early age, when he was a midshipman
on board H.M.S. " Grampus," a vessel which was despatched on service to
the islands of the South Pacific Ocean in the year 1849. While cruising
among these islands young Elphinstone took the opportunity of studying the
habits and mode of life of the natives as far as practicable, and obtained
many specimens of the weapons, ornaments, and costumes of these South
Sea islanders, especially from the Island of Tahiti, at which the vessel was
principally stationed. The weapons of these savage tribes are of the most
primitive description, and often of grotesque and curious form, being con-
structed of such limited materials as are at their command — wood and stone,
and the teeth and bones of animals and fish. In Lord Elphinstone's collec-
tion are clubs of fish-bone and ironwood from these islands, and an axe with
head of roughly hewn stone. Another interesting item is a small loin-belt
woven of simple seaweed, which represents the full-dress suit of a native of the
Fiji Islands, while a rough grass mat composes the corresponding female cos-
tume in these sunny regions, where the cares of dress and fashion are unknown.
WEAPONS, ETC., IN THE ARMOURY. \\\\
The poisoned arrows, so characteristic of the savage, are here iu evidence,
and the Elphiustone collection contains two of these weapons from the
Solomon Islands, presented by Captain Hope of the Royal Navy to Sir George
Gray, who in turn transferred them to the possession of Lord Elphinstone on
the occasion of his visit to New Zealand. A gruesome relic from the Sandwich
Islands cannot fail to arrest attention — an elaborate ornament worn round
the neck of the chiefs of tribes on state occasions and at the funeral of royal
personages. Of crescent shape, this extraordinary appendage is woven from
the hair of the women of one family, while attached to its centre is a hook
of walrus ivory used on these solemn occasions for the support of skulls and
similar relics of barbarity.
The Elphinstone collection also contains many weapons from New
Guinea and the islands of the Malay Archipelago, a region of especial
interest, made familiar by the travels and researches of that most accom-
plished explorer and naturalist, Alfred Eussel Wallace. From 1849 to the
beginning of the Crimean War in 1854, William Elphinstone was engaged
on board the " Cleopatra " in the Chinese seas in the work of watching and
destroying pirates, and while cruising in the neighbourhood of these islands
had a good opportunity for the study of the native customs and peculiarities.
Among the many trophies which he brought home from this voyage may be
mentioned a novel charge of grapeshot, composed not of leaden slugs but of
fragments of coral bound up in cylinders of bamboo, which was taken from
the piratical stockade at Tonquin, on the north-west coast of Borneo, by the
boats of H.M.S. " Cleopatra."
In connection with a specimen of paddles used by the Milano tribe of
North Borneo, his lordship adds an interesting note in his catalogue in
reference to that remarkable tribe, which is the most numerous one on the
island : their houses are built on posts raised about forty feet from the ground
for protection against the Dyaks and other tribes. They have a iirm belief in
good and evil spirits, and regulate their journeys by the flight of birds. This
lit) NATIVE COSTUMES FROM BORNEO.
tribe flatten the heads of their children by means of a cumbrous apparatus
which is fixed on the soft growing head of tlie young child to mould the
bones to the required shape. Lord Elphinstone has a specimen of this
instrument in his armoury.
The Elphinstone collection also contains a fine example of the " sumpitan"
or blowpipe, the favourite and characteristic weapon of these islanders, from
which they discharge with so much precision the little poisoned darts which
carry sure and rapid death in their silent flight. The blowpipe is laboriously
prepared from a suitable selected piece of hard wood, the interior of which
is gradually bored out to the requisite size and smoothness. Along with the
blowpipe is preserved an ornamental case or quiver for holding the poisoned
darts. It is constructed of bamboo, and has attached to it two carved gourds
fitted with stoppers for holding the poison, and also a flat stone or some
other such article to act as a charm, and protect the wearer from imaginary
evil. The poison is manufactured from the juice of the " lepas " tree, cooked
over a slow fire on a leaf until it assumes the consistency of soft wax. When
required for use the bark of a tree is mixed with it, when it becomes a potent
and deadly poison, producing death in from half-an-hour to two hours. This
weapon has a range of from eighty to ninety yards, but is most effective
at a somewhat shorter distance. In Borneo it takes the place of the bow and
arrow of other savage tribes, and is made only by the aborigines, and not by
the Mohammedan natives.
From the same island there are preserved in tlie Elphinstone collection
numerous examples of the native costumes and ornaments, including a dress
made entirely from the skin of the leopard, and a hat of the same material
ornamented with colours; head-gear of plaited grass of various hues,
coils of heavy brass wire worn as ornaments round the neck, the arms,
the loins, and the ankles by the native tribes, especially the Dyaks, and
many other interesting curiosities.
The island of New Guinea, inhabited by the savage and cannibal Papuans,
NSW GUINEA AND ARCTIC RELICS IN THE ARMOURY. It)
is also well represented in the armoury at Carberry Tower, by many curious
and grotesque weapons and ornaments, stone clubs, paddles, bows and arrows,
etc. Lord Elphinstone presented a number of specimens from this island
to the Edinburgh Museum of Science and Art in 1887, including some
interesting costumes, eighty- nine pieces in all. Among these may be mentioned
a " Duk-Duk " or native dress and mask of grotesque form, got up to resemble
a bird, and worn by the warriors at their tribal feasts : and so careful are
they to keep this costume from the female members of the community that
it is considered certain death to any woman should she allow her eye to fall
on it but for a moment.
Besides these numerous and varied relics from the sunny islands of the
tropics, the Elphinstone collection contains a number of interesting specimens
from the cold and barren regions of the Polar seas. The majority of these
were presented to Lord Elphinstone by the kindness of Lieutenant Parks,
E.N., who was lieutenant of H.M.S. " Investigator," one of the vessels which
composed the Arctic Expedition of 1852. Among these may be mentioned a
fishing-rod from the coast of Alaska, with line made from the sinews of the
reindeer, the hooks being baited with little pieces of red coral and let down
through a hole in the ice, while attached to the line is a piece of bone
modelled in the shape of a fish, which serves the double purpose of a sinker
and at the same time is supposed to attract the real fish to the bait.
A number of Esquimaux arrows, a spear constructed of walrus ivory
from Cambridge Bay, and an Esquimaux native costume made from the
inner skin of seals, were also presented to his Lordship by Lieutenant
Parks, and are now preserved in the Elphinstone collection.
Several of the later members of the Elphinstone family, as is shown in
the memoirs of the Carberry line, were associated for many years with that
strange land of mixed barbarity and civilisation in the far East — the country
of China. It was here that John FuUerton Elphinstone, the eldest son of
the Honourable William Fullertou Elphinstone, the venerable East India
ItJi CHINESE EXECUTION SWORD.
Director, spent the best part of his life as chief of the factories at Canton in
the service of the East India Company, while his younger brother, Colonel
James Drummond Elphinstone, father of the late Lord Elphinstone, also
served for a time in that country. As narrated in his memoir, ■VVLlliam,
fifteenth Lord Elphinstone, was engaged for several years in naval service in
the Chinese seas ; and it is therefore not surprising to find that Chinese
weapons and curios form a considerable part of the Carberry collection. To one
of these weapons it may be interesting here briefly to refer, viz. : a curiously
shaped broad and heavy sword, one of the dreaded execution swords of that
country, with which their criminals and pirates are so rapidly and summarily
despatched. A graphic description of the use of this weapon is annexed to
it in the catalogue. The execution ground at Canton was a narrow muddy lane
between low buildings. Prisoners for execution were brought to the ground
in baskets slung on a bamboo pole and carried by two men. A small piece
of bamboo cut with a slit is stuck inside the shirt at the back of the neck of
each prisoner, and in the slit a piece of paper is inserted on which is stated
the name of the criminal together with his crime, his hands being tied
together behind his back.
The friends of the criminals are in general allowed to give them their
last meal of rice, and they generally mix opium with the rice and so partially
stupify the victim and lessen the agonies of his last moments. Arrived on
the scene of execution, they are unceremoniously pitched out of the baskets,
and placed kneeling in two rows, all facing the same direction. The bamboos
are then taken from the necks of the criminals and given over to the head
mandarin, who thereupon gives the order, when two executioners, each
accompanied by an assistant, come forward.
The assistants seize the arms of the two front criminals and raise them,
which has the effect of throwing the head forwards. One blow from the
executioner, with the sword referred to, severs the head, which rolls
on the ground, and the body falls forwards. The same operation is then
COLLECTION OF INDIAN WEAPONS. ItiU
repeated upon the man immediately behind the last victim, and so on until
all are executed. So dexterous are the executioners that eight to ten minutes
is sufficient time to execute from fifty to sixty men, the sWords being changed
after every third head. The heads are then collected and counted in order
to see that the number of heads corresponds with the number of bamboo
tallies.
Among the Eastern objects may also be mentioned a fishing-rod from
Japan, the joints of which come out by blowing through the butt ; this novel
instrument was presented to Lord Elphinstone by Admiral Sir Alexander
Milne, baronet, in 1872.
The Elphinstone collection further contains many specimens of Indian
and East Indian weapons, including a shield from Guzerat inlaid with
stones, brought home by the thirteenth Lord Elphinstone, Governor suc-
cessively of Madras and Bombay. An instrument of especial interest in
this group comes from Afghanistan, which in its construction and use is
eminently characteristic of the cruel and treacherous inhabitants of that
country. It is named the "wagnuck," or tiger's claw, and is a small
steel weapon with four prongs or claws, made to fit on the fore and little
fingers, and so constructed that it can be easily concealed in the half-closed
hand. It was with this that Sivajee, the famous Marathi chief, killed Afzul
Khan, the Mogul commander at Pertubgurh, a hill fort in Afghanistan.
The murderer approached to converse with the commandant apparently
unarmed, but with the deadly " wagnuck " concealed in his closed hand, and
while talking suddenly struck his victim a fatal blow on the abdomen with
the instrument.^ It was presented to Lord Elphinstone by Mr. Loudon, who
heard a graphic account of the incident on the spot from the hereditary
keeper of the fort^ — a fine old Marathi.
Many other specimens of weapons and ornaments from various regions
of the world are contained in the collection at Carberry ; but space will
' Vide Grant Duffs History of the Mahrattas for detailed narrative of this incident.
VOL. I. h
Mii EUROPEAN WEAPONS IN ARMOURY AT CARBERRY.
not permit of further reference to them here; and this very brief and
general description of the armoury may be brought to a close with a notice
of several specimens which are of interest mainly from their historical
associations. First among these to attract attention is a group of spears
which were taken by the British force at Magdala after the death of King
Theodore; a further interest attaches to these weapons from the fact that
they were brought home by Captain Tryou of the Eoyal Navy and presented
by him to Lord Elphinstoue in the year 1868. Along with these is another
group of arrows with three shields, which were given to Admiral Sir William
Hewitt by King John of Abyssinia in 1884 and by him transferred to the
possession of Lord Elphinstone.
Among the European weapons in the Elphinstone collection three at
least are deserving of mention here, — a battle-axe with ornamental head
from Turkey, given by the Pasha of Smyrna to the Honourable J. M. Yorke,
E.N., when visiting that country with H.E.H. Prince Alfred in H.M.S.
" Euryalus " in 1859, and afterwards presented to Lord Elphinstone ; a broad-
sword from Spain brought from Seville by Lord Elphinstone in 1862, bearing
on the blade a neat and appropriate motto in tlie native tongue, which
being translated reads, "Do not draw me without reason ; do not sheath me
without honour " ; and a sword from Schleswig-Holstein, of the time of the
Grand Duke Peter, afterwards the Emperor Peter the Third of Eussia,
presented to the fifteenth Lord Elphinstone by the Eev. James Montgomery,
afterwards Dean of Edinburgh, in the year 1868.
A pair of Scottish Highland pistols in the Elphinstone armoury were
given to Lord Elphinstone by James, Earl of Southesk, on 1st January
1866; they were the property of his father, Sir James Carnegie, who but
for the attainder would have been the eighth Earl of Southesk. Another
set of pistols are of interest from their historical association — they were the
property of the Honourable James Keith, field-marshal in the service of King
Frederick the Great of Prussia. Having been engaged in the rebellion of
RELICS FOCiYD AT CARBERRY HILL AND AT WATERLOO. \\X
1715 he was attainted of high treason and retired to the Continent, entering
the service of the king of Prussia, who formed such a high opinion of his
military talents that he raised him to the responsible rank of field-marshal.
He met his death on the battle-field in an engagement with the Austrians
on 14th October 1758 at the village of Hochkirchen, where a monument was
erected to his memory by Sir Eobert Murray Keith. Field-Marshal Keith
was the brother of George, tenth and last Earl Marischal of Scotland, who
was such a faithful friend to his young relatives of the house of Elphinstone,
as is narrated in the family memoirs.
An ancient Scotch dirk, very rusty and broken, is carefully preserved
among its more pretentious neiglibours in the armour3^ It was dug up on
Carberry Hill in 1846, and is probably a relic of the battle array which
gathered there more than three centuries ago, on 15tli June 1567, on the
occasion of the surrender of Queen Mary to the confederate lords of Scotland.
The historic field of Waterloo, where two of the members of the Elphin-
stone family were engaged, William Keith and James Drummond, the third
and fourth sons of the Honourable William Fullerton Elphinstone of Car-
berry, is represented in the armoury by a cavalry sword which was used at
the battle by the 7th Hussars, the regiment to which the younger of these
sons belonged, and in which he was wounded in a cavalry charge at Quatre
Bras, and taken prisoner. It was at Waterloo that General William Keith
Elphinstone, at that time lieutenant-colonel in command of the Duke of
Wellington's own regiment, the 33rd, took command of the whole Fifth
Brigade in the great advance against Napoleon, and nobly distinguished
himself, receiving the honour of Commander of the Bath in recognition of
his services on that occasion, as will be found fully narrated in the memoirs
of the Carberry line.
It may suffice to conclude tliis short notice of the armoury with a refer-
ence to an ingenious memento of the siege of Sevastopol, which is preserved
at Carberry Tower. William, fifteenth Lord Elphinstone, took a prominent
Mil EUROPEAX WEAPOXS IN ARMOURY AT CARBERRY.
not permit of further reference to them here ; and this very brief and
general description of the armoury may be brought to a close with a notice
of several specimens which are of interest mainly from their historical
associations. First among these to attract attention is a group of spears
which were taken by the British force at Magdala after the death of King
Theodore ; a further interest attaches to these weapons from the fact that
they were brought home by Captain Tryoii of the Eoyal Navy and presented
by him to Lord Elphinstone in the year 1868. Along with these is another
group of arrows with three shields, which were given to Admiral Sir "William
Hewitt by King John of Abyssinia in 1884 and by him transferred to the
possession of Lord Elphinstone.
Among the European weapons in the Elphinstone collection three at
least are deserving of mention here, — a battle-axe with ornamental head
from Turkey, given by the Pasha of Smyrna to the Honourable J. M. Yorke,
E.N., when visiting that country with H.E.H. Prince Alfred in H.M.S.
"Euryalus" in 1859, and afterwards presented to Lord Elphinstone; a broad-
sword from Spain brought from Seville by Lord Elphinstone in 1862, bearing
on the blade a neat and appropriate motto in the native tongue, which
being translated reads, " Do not draw me without reason ; do not sheath me
without honour " ; and a sword from Schleswig-Holstein, of the time of the
Grand Duke Peter, afterwards the Emperor Peter the Third of Russia,
presented to the fifteenth Lord Elphinstone by the Eev. James Montgomery,
afterwards Dean of Edinburgh, in the year 1868.
A pair of Scottish Highland pistols in the Elphinstone armoury were
given to Lord Elphinstone by James, Earl of Southesk, on 1st January
1866; they were the property of his father. Sir James Carnegie, who but
for the attainder would have been the eighth Earl of Southesk. Another
set of pistols are of interest from their historical association — they were the
property of the Honourable James Keith, field-marshal in the service of King
Frederick the Great of Prussia. Having been engaged in the rebellion of
RELICS FOUND AT CARBERRY HILL AND AT WATERLOO. Itt
1715 he was attainted of high treason and retired to the Continent, entering
the service of the king of Prussia, who formed such a high opinion of liis
military talents that he raised him to the responsible rank of field-marshal.
He met his death on the battle-field in an engagement with the Austrians
on 14th October 1758 at the village of Hochkirchen, where a monument was
erected to his memory by Sir Eobert Murray Keith. Field-Marshal Keith
was the brother of George, tenth and last Earl Marischal of Scotland, who
was such a faithful friend to his young relatives of the house of Elphinstone,
as is narrated in the family memoirs.
An ancient Scotch dirk, very rusty and broken, is carefully preserved
among its more pretentious neighbours in the armour}^ It was dug up on
Carberry Hill in 1846, and is probably a relic of the battle array which
gathered there more than three centuries ago, on 15th June 1567, on the
occasion of the surrender of Queen Mary to the confederate lords of Scotland.
The historic field of Waterloo, where two of the members of the Elphin-
stone family were engaged, William Keith and James Drummond, the third
and fourth sons of the Honourable William FuUerton Elphinstone of Car-
berry, is represented in the armoury by a cavalry sword which was used at
the battle by the 7th Hussars, the regiment to which the younger of these
sons belonged, and in which he was wounded in a cavalry charge at Quatre
Bras, and taken prisoner. It was at Waterloo that General William Keith
Elphinstone, at that time lieutenant-colonel in command of the Duke of
Wellington's own regiment, the 33rd, took command of the whole Fifth
Brigade in the great advance against Napoleon, and nobly distinguished
himself, receiving the honour of Commander of the Bath in recognition of
his services on that occasion, as will be found fully narrated in the memoirs
of the Carberry line.
It may suffice to conclude this short notice of the armoury with a refer-
ence to an ingenious memento of the siege of Sevastopol, which is preserved
at Carberry Tower. William, fifteenth Lord Elpliinstone, took a prominent
Ir MEMENTO OF SIEGE OF SEVASTOPOL.
part in this engagement, being flag-lieutenant to Admiral Sir Houston
Stewart, who was second in command of the naval force engaged iu that
great contest on the southern shores of Russia. He brought home with him
several relics of this campaign, out of which he constructed an ornamental
inkstand, composed of cannon balls. The large central ball which forms
the cup or inkholder proper is a hollow bombshell, while the three smaller
balls which support it are grapeshot. The piece of oak on which it stands
is part of the maintop rail of the " Grand Duke Constantine," 120 guns,
which was sunk in Sevastopol harbour. The granite, which forms part of
the stand, is from the docks which were blown up and destroyed by the
allied French and British fleets. The whole were brought home by Lord
Elphinstone, and most ingeniously combined by him to form an inkstand
commemorative of that engagement; and it now finds an honoured place
among the many and various specimens of weapons and ornaments from all
parts of the world, which were gathered together and arranged with such
taste and effect by the hand of the noble founder of the Elphinstone
Armoury at Carberry Tower.
There is preserved at Carberry a large brass gun, a howitzer, of Indian
manufacture, which was taken at Karnul, iu the Madras presidency, in
1839. In shape it somewhat resembles a decapitated bull seated on its
haunches, and has a most interesting history attached to it. In the year
1838 an extensive conspiracy was detected among the Mohammedans of
Southern India to overthrow the British superiority. For some time the
attention of the police had been attracted by the emissaries of a sect named
Wahab^es, derived from the reformers of the same name in Arabia. But
the object of the Indian Wahab^es was not so much to reform the religion
of Islam as to excite a religious war and drive the Christians out of India.
The chief of the sect was a brotlier of the Nizam or ruler of the great province
of Hyderabad. He was found to be in correspondence with other great
Mussulman chiefs in India. A Turk, travelling through the country, got
GUNS OF INDIAN MANUFACTURE FOUND AT KARNUL. \X\
iuto a dispute with a shopkeeper at Chittoor, near Arcot, which gave rise
to a disturbance. He was apprehended, and when searched cue of the con-
stables, accidentally handling a large ball of wax found in the prisoner's
pocket, discovered an Arabic letter emanating from Mecca, written in the
most seditious terms.
Shortly afterwards, when John, thirteenth Lord Elphinstone,then Governor
of Madras, was walking in the park at Gindy, a Hindoo threw himself at his
feet, and declared that he had an important revelation to make, the result
of which was that he had been an artificer in the Madras mint, a skilful
worker in metals ; that he had been decoyed to Karnul under pretext of
casting a bell for the Nawab ; but that on arriving he was seized and taken
prisoner, and had been compelled to cast guns ; that he had just escaped, and
had fled for his life ; and, fearing the vengeance of the Nawab, he had come
to entreat the Governor's protection. He stated that he had cast upwards
of eight hundred guns, which were buried in different parts of the fort at
Karnul, and the Nawab was busily employed collecting powder, lead, balls,
and all manner of ordnance stores, etc. After a careful and active investi-
gation, numerous other proofs of the conspiracy were discovered. A large
force was despatched to Kurnool under the command of General (afterwards
Sir Scudamore) Steele ; and Kurnool was besieged and taken after a smart
action at Lorapoor, in which the Nawab was defeated. The native who had
given the information pointed out the place where the guns had been buried,
and the whole were brought to Madras ; and thus what might have been a
very serious insurrection was aborted by this timely discovery.
Family Pictures, etc., at Carbeery Tower.
It would be unfair to close this description of Carberry Tower, its history,
surroundings, and contents, without making at least a brief reference to the
fine collection of family pictures and interesting relics which are contained
within its walls.
IXii FAMILY PICTURES AT GARBERRY TOWER.
The pictures include a series of oil portraits of the chief members of the
Elphiustone family from Alexander, fourth Lord Elphiustone, in the
sixteenth century, down to and including William, fifteenth Lord Elphin-
stoue. Tlie majority of these have been photographed and reproduced in the
form of collotypes as illustrations for the present Elphinstone Book, and will
be found in their appropriate places in the detailed memoirs of the family.
To a few of the more important it may be interesting liere briefly to refer.
The frontispiece to this volume is formed by the portrait of the illus-
trious prelate, William Elphinstone, bishop of Aberdeen, and Lord Chancellor
of Scotland, the munificent and enlightened founder of King's College, Old
Aberdeen, which was afterwards incorporated with the Marischal College to
form the University of Aberdeen. This famous Elphinstone was born about
the year 1430, and died in 1514; he held many important positions, and
took a leading part in the affairs of Scotland at the time. This portrait
represents him adorned with mitre and crosier, and the ornamental robes of
his office; in the corner are depicted the Elpliinstone arms — a chevron
between three boars' heads.
The next portrait of interest is that of Alexander, fourth Lord Elphin-
stone, who held the office of Lord High Treasurer of Scotland from 1599 to
1601. This picture bears date the year 1626, and represents him at the
venerable age of seventy-five, as a tall and striking figure, with remarkably
high forehead, and a long white beard. He is clothed with a very orna-
mental robe, which extends down almost to his feet, while in his right hand
he holds a long and slender rod with carved top, apparently a sign of office.
To his left is a table on which lie a number of volumes.
The next portrait, that of Lord Kildrummy, the fifth Lord Elphinstone, is
one of the finest in the Elphinstone collection. The softness of outline, the
distinctness of feature, the admirable shading of the pointed beard and
complex frill, together with the natural and living expression of counten-
ance, all mark out this portrait as the work of a master hand ; while from
PORTRAIT OF THE FIFTH LORD ELPHINSTONE. \xm
the date, and other collateral evidence, there is little doubt that this is one
of the productions of George Jamesone, the Scottish Vandyck. It is well
known that Jamesone painted the Sutherlands, and that John, twelfth Earl of
Sutherland, corresponds with the date of Jamesone's period. The original
painting is at Dunrobin, and has been collotyped for the Sutherland Family
Book as late as the year 1892. The Earl of Sutherland and Alexander, fifth
Lord Elphinstone, were contemporaries and warm friends. Several of the
letters of the Earl, addressed to the fourth Lord Elphinstone, as his dear and
loving father, are reproduced in this work. The twelfth Earl was married to
Annas Elphinstone, the daughter of the fourth Lord Elphinstone, and the
sister of the fifth. Both of these lords were frequent visitors, not only at
their own Aberdeenshire estate of Kildrummy, but also to their daughter
and sister the Countess of Sutherland. From the close connection of the
Lords Elphinstone with their Aberdeenshire estates and the Earls of Suther-
land at Dunrobin, George Jamesone could hardly have been passed over as a
prominent painter in Aberdeen, and there seems little doubt that when he
painted the Sutherlands, he also was the author of this beautiful portrait of
the fifth Lord Elphinstone, so similar in style to that of his brother-in-law
the Earl of Sutherland.
Coming down to the later members of the family, one of the most notice-
able and stately figures is that of the Eight Honourable George Keith
Elphinstone, a son of Charles, tenth Lord Elphinstone, a famous naval
commander, who took part in most of the stirring events of his time, and
rose to the rank of Admiral ; and who for his distinguished services against
the French and other nations was created a peer of the United Kingdom,
with the title of Lord Keith of Stonehaven Marischal; and afterwards
advanced to the dignity of a Viscount. There are two portraits of him in
the Elphinstone collection, one as a captain at the siege of Toulon in 1793,
and another, at a later date, as Admiral Sir George Keith Elphinstone. The
latter has been reproduced for the Elphinstone Book, and represents him as a
Irit) PORTRAIT OF MOUNTSTUART ELPHINSTONE, D.C.L.
man of noble and commanding aspect and stately appearance, with the robes
and decorations of his high naval office.
A generation later than Lord Keith, another member of the Elphinstone
family had made a name abroad as one of the ablest and most popular
administrators of our great East Indian Empire. This was Mountstuart
Elphinstone, Governor of Bombay, the amiable and refined historian and
statesman of India, and his portrait, which is a water-colour, and bears date
1 SI 7, is one of the most attractive in the Elphinstone collection. Seated on
an arm-chair, beside a covered table, on which rest three volumes of his
monumental work, he appears as the picture of refinement, culture, and
amiability, while his noble countenance is expressive at once of the many
attractive personal qualities, and the high intellectual attainments of this
worthy Elphinstone.
There is preserved at Carberry Tower a very complete set of the portraits
of the members of the Carberry line of the family. First among these is the
venerable ancestor of this line, the Honourable William FuUerton Elphin-
stone of Carberry and Elphinstone, third son of Charles, tenth Lord Elphin-
stone, director and chairman of the East India Company. It was he that
regained for the Elphinstone family the possession of their old Tower of
Elphinstone, and by his marriage brought them the residence and estate of
Carberry. There are three oil portraits of him preserved at Carberry Tower,
one of them being by Opie. This portrait, which has been reproduced for
the Elphinstone Book, represents him at an advanced period of his life.
He is seated at a table with a half-open book in his hand, while two other
volumes rest at his elbow. The large and noble head crowned with white
locks, the massive and determined yet kindly countenance, are all charac-
teristic of the man, who in his day was one of the leading and most respected
members in the administration of the great East India Company, and who
did so much for the welfare of the noble family to which he belonged.
Another picture of especial interest is one representing the two younger
PORTRAITS OF THE KEITHS, EARLS MARISCHAL. XtQ
sons of the Honourable William Fullerton Elphinstone of Carberry, as young
men equipped for the hunting field with whip and gun. They were General
William Keith Elphinstone who afterwards led the Fifth Brigade at Waterloo,
and died in command in Afghanistan, and his brother, Lieutenant-Colonel
James Drummond Elphinstone, father of the fifteenth Lord. There is
another portrait of Lieutenant-Colonel James Drummond Elphinstone in
later years, by Colvin Smith, a collotype of which is given along with his
memoir.
William, fifteenth Lord Elphinstone, is himself represented by a portrait
from the brush of Colvin Smith. This picture, which was painted in 1865,
depicts him in Scottish dress with plaid and gun, and has been reproduced
as an illustration for the Elphinstone Book.
The Elphinstone collection further contains a small group of oil portraits
of the Keiths, Earls Marischal, including that of Field-Marshal Keith, second
son of the ninth Earl Marischal, and brother of George, tenth and last Earl
Marischal. He was a leading and respected officer in the service of King
Frederick the Great of Prussia, and was killed at the battle of Hochkirchen
in 1758. There is also a portrait of George, tenth and last Earl Marischal,
whose kindness to his young relatives in the Elphinstone family in their earlier
years contributed in no small degree to the fame and fortune both of Lord
Keith and his brother, the Honourable William Elphinstone. His titles and
hereditary office of Earl Marischal of Scotland were forfeited in 1715, and
he died at Potsdam unmarried in 1778.
There is preserved at Carberry a series of oil paintings of the Flemings,
Earls of Wigton, who were allied to the Elphinstone family by the marriage
of the accomplished Lady Clementina Fleming, heiress of Cumbernauld, with
Charles, tenth Lord Elphinstone. Two of these portraits — that of John,
second Earl of Wigton, and his wife, Lady Margaret Livingstone, are by the
celebrated Scottish artist, George Jamesone ; while other two, including one
of John, sixth Earl of Wigton, are from the brush of Sir John Medina.
VOL. I. i
Irtii MISCELLAXEOUS PICTURES.
This group also includes a portrait of Charles, seventh and last Earl of
Wigton, who died unmarried in 1747, when the estates of Cumbernauld and
Biggar descended to his niece, Lady Clementina Fleming, wife of Charles,
tenth Lord Elphinstone, and afterwards to Admiral Charles Elphinstone
Fleming, as the second son of the eleventh Lord Elphinstone.
The Elphinstone collection is further enriched by the presence of a
number of portraits in oil of the BuUers of Trenant Park, Cornwall, who
were allied to the Elphinstones by the marriage of Colonel James Drummond
Elphinstone, grandfather of the present Lord Elphinstone, with Anna Maria
Buller, the only child of Admiral Sir Edward BuUer, baronet. One of these
portraits is probably by Zoffany, and another by Sir Joshua Eeynolds.
A large number of miscellaneous pictures, some of considerable value
and interest, are included in the Elphinstone collection at Carberry Tower ;
and to a few of these it may be interesting briefly to refer in this very short
summary. One is a portrait of a lady with a cat, which has rather a
romantic story attached to it. At the capture of Oczakow in 1737, this
Turkish lady, then a little child of six years old, clung for protection to the
stirrup of Field-Marshal Keith, who rescued the young captive who had
thus voluntarily sought his aid, and taking her home with him he made a
present of her to his brother George, tenth Earl Marischal, under whose care
she was brought up. The lady thus curiously affected by the fortune of war
was supposed to belong to a family of some distinction, and afterwards
married Monsieur de Fromont, secretary of the Government of Neuchatel.
Another interesting picture is an oil painting representing the engage-
ment between the English and Dutch forces in the Java seas off Java Head
on 26th July 1806, when Captain Charles Elphinstone, second son of the
Honourable "William Elphinstone of Carberry, in command of two English
vessels, the " Greyhound " and " Harrier," defeated a Dutch squadron of four
armed vessels, and brought three of them captives into port with him, richly
laden with spices and other valuable produce of the Moluccas. For this
MINIATURE PORTBAITS OF THE LATER ELPHINSTONES. \X\i\\
gallant service Captain Elphinstone received the presentation sword from the
Patriotic fund at Lloyds, which is described and iigured at another part of
the Book.
Among the mementoes of the memorable battle of Waterloo is an oil
painting of the black mare which was such a favourite with the young
Elpliiustones of Carberry. This animal was taken to Spain in 1813 by
Captain James Drummond Elphinstone of the Seventh Hussars, and went
through the whole of that trying campaign with him. It was afterwards
ridden both at Quatre Bras and at Waterloo by his brother, Colonel William
Keith Elphinstone, in command of the 33rd regiment. She was lost at that
engagement but was afterwards recovered and brought home to Enfield,
where the faithful mare died in 1839. Beside it hangs a picture of the
white Arab horse which belonged to the thirteenth Lord Elphinstone while
Governor of Bombay.
Among specimens of the work of more celebrated artists in the Elphin-
stone collection may be mentioned a Head by Eaphael, which was presented
by George, tenth Earl Marischal, to his grandnephew, the Honourable
William Elphinstone ; a Head of Eembrandt by Eembrandt ; and a Head
by Vandyck.
In the drawing-room at Carberry there are a large number of miniature
portraits of the later members of the Elphinstone family, especially those of
the Carberry line, two of which, viz., that of John Fullerton Elphinstone,
and his brother. Captain Charles Elphinstone, the elder sons of the Honour-
able William Fullerton Elphinstone, have been reproduced side by side as
an illustration for the Book. The younger of these two. Captain Charles
Elphinstone, was the hero of the engagement with the Dutch vessels, and
received the sword of honour.
Although not quite a picture, the article now to be described, which
forms one of the treasures of the Elphinstone collection, may most fitly be
mentioned in this place. It is a fan, painted in water-colours by Nicholas
IriJiii fan painted by Nicholas poussin.
Poussin the elder, in the year 1650. This is of especial interest and value
from the circumstance of painting on leather or kid by this artist being very
rare. He was known to have painted but very few, and those chiefly for
ladies about the Court, previous to his commencing his greater works as a
landscape painter. The fan has an interesting history attached to it. It
was probably painted for Lady Lilias Elphinstone, daughter of Alexander,
fifth Lord Elphinstone, and wife of the sixth Lord Elphinstone, and
is signed "K Poussin" in the left-hand corner, with the date 1650,
and the word "Elphinstone" in the right-hand corner. It passed
into the possession of two ladies named Aitken, descendants of Margaret,
daughter of John, eighth Lord Elphinstone, who were Uviug at Halifax, in
Nova Scotia, in the year 1860 ; and having fallen into adverse circumstances
they raffled the fan, for which they had previously refused the sum of a
hundred and fifty pounds. Curiously enough, it fell to the lot of Lady
Stewart, wife of Admiral Sir Houston Stewart, then commander-in-chief of
that station, under whom Lord Elphinstone had fought as flag-lieutenant
in the Crimean campaign. Lady Stewart presented the fan to William,
fifteenth Lord Elphinstone, together with the original letters about it, and copy
of an affidavit dated 1814 ; and thus this relic once again returned to the pos-
session of the Elphinstone family, and is now preserved at Carberry Tower.
William, fifteenth Lord Elphinstone, was possessed of considerable artistic
talent, and there are at Carberry several examples of water-colour drawings
done by himself. These include a number of views of Coulin Forest in
Eoss-shire, a property acquired by his lordship about the year 1866. Most
of these views bear date 1871. His lordship also executed a number of
water-colours of scenery in Ceylon and elsewhere. One picture, made from
a sketch by his lordship, is especially interesting, as it represents a memor-
able historical episode. It is a water-colour by Melville, representing
Sevastopol harbour with its fortifications, and was done by that artist from
a sketch made by William, fifteenth Lord Elphinstone, wliile blockading the
SKETCH OF SEVASTOPOL HARBOUR IN 1855. \X\X
harbour, on board H.M.S. " Hannibal." The history of the sketch is as
follows: — On the night of the 24th of February 1855, the Eussians sunk
their second or inner line of ships. William Elphinstone, then flag-lieutenant
to Sir Houston Stewart, was sent on shore next morning to ascertain their
position, and a sketch of the fortifications was made on the spot, as may be
imagined, under great difficulties, as the Eussians opened fire with musketry
from the Quarantine Fort, and several shells were also fired at him from
Fort Constantine. The outer line of ships was sunk after the battle of the
Alma, and consisted of five vessels ; but as this line was much shaken and
damaged by the heavy gale on 14th November 1854, two additional vessels
were sunk. The inner line, which was sunk on 24th February 1855, also
consisted of five vessels, and in addition to these, a barrier of spars was
interposed between the two lines of sunken vessels.
There are, in the Elphinstone collection, two water-colour drawings of
the old Tower of Elphinstone in East Lothian, by James Drummoud, A.E.S.A.
A collotype of the old Tower, from a recent photograph, is included in the
present work. The engraving of the Battle-Array of Carberry Hill has
already been fully referred to in this Introduction, in the description of
Carberry Tower and its surroundings.
The Elphinstone Birthday Book.
A manuscript volume which has furnished much minute information on
the births, marriages, and deaths of the Elphinstone family, and has been
so often quoted in this work, requires a word of explanation. It is a small
octavo volume, plainly bound in calf. The written part extends to fifty-two
pages, though several of these are left blank. The remainder of the volume
is made up of unwritten paper. On the first page, as a frontispiece, occurs
the following invocation in Latin : —
" Dum Sol et Luna splendent in firmamento, celeberrima Elphinstoniorum
familia in terris fceliciter floreat. Amen. 1685." Which may be thus
Irr THE ELFHIN STONE BIRTHDAY BOOK.
translated: — "While the sun aud moon shine in the firmament, may the
most famous family of the Elphinstones happily flourish in the earth.
Amen. 1685."
This invocation was made in the time of John, eighth Lord Elphinstone,
and may be in his handwriting, although that is uncertain.
The first entry in the volume records : — " I. The Birthe dayes of the law-
full begottin children of Alexander the first Lord Elphinston and Elizabeth
Barley, his spous." The entries continue without break down to the death
of John, twelfth Lord Elphinstone, at Bath, on 20th May 1813.
The first part of the book, comprising all the entries relating to the first
Lord Elphinstone from the creation of his peerage in 1509 to his death at
Flodden in 1513, and also the subsequent entries relating to the second, third,
fourth, and fifth Lords and their children, down to the year 1625, appears to
be in the handwriting of Alexander, sixth Lord Elphinstone, who succeeded
to the peerage in 1648 and died in 1654. The subsequent entries relating to
the sixth Lord and his children, consisting of two pages, appear to be in the
handwriting of his son, Alexander, the seventh Lord Elphinstone, who died
in 1669. This receives further confirmation from the entry referring to his
own birth in 1647, which begins "Alexander Elphinstone, noiu Lord." The
entries after 1647 have additions made in different handwritings by members
of the Elphinstone family, who were interested in the events which are
there recorded as they occurred.
After 1670 the volume is continued in the handwriting of John, eighth
Lord Elphinstone, and includes all his children, coming down to the year
1703. Subsequent to that date, the entries are continued by different hands
down to 1813, when the record terminates.
No doubt the sixth Lord in compiling the earlier portions of this register
had obtained the minute information which is there recorded from the
members of his family, including his father-in-law, the fifth Lord, who had
inherited tlie family traditions from his own father, the octogfuariau fourth
THE BAPTISMAL QVAICH. \XX\
Lord, who survived for eighty-six years. He would doubtless also be helped
by fragmentary records of the births and deaths of the earlier members of the
Elphinstone family from various sources which would not necessarily be
preserved after the formation of this systematic family register. As a record
of so many facts and figures, the book is remarkably free from errors. At a
period when parochial registers of births, marriages, and deaths were much
neglected, this Birthday Book reflects much credit on the care and industry
of its authors.
The New Baptismal Eecord of the Elphinstone Family, begun by
William, fifteenth Lord Elphinstone, in 1865.
Previous to the succession of the fifteenth Lord Elphinstone in 1861,
the old Birthday Book had been discontinued since the birth of John, the
thirteenth Lord, as previously stated. A new register was commenced by
the fifteenth Lord, and it forms an original and beautiful record of the birth
of all his sons and daughters. An old Scottish quaich which his lordship
inherited from George, tenth and last Earl Marischal of Scotland, was utilised
by him for this purpose, by affixing a number of silver shields around the
interior of the bowl, on which are engraved the names of his children with
dates of births and baptisms and the names of the sponsors in each case.
The tradition is that the quaich was presented to Earl Marischal by one of the
Eoyal Family of Scotland, and the Earl's initials, E. M., are carved in large
letters on one of the handles. The quaich is made of oak, with three handles
attached, and is a fine piece of workmanship, its interest being enhanced by
the neat pointed shields, each with its careful inscription.
The present Lord Elphinstone has expressed his intention of having the
original Birthday Book continued from 1813 to the present date.
\XXii ELPHINSTONE AND DRUMMOND ALLIANCES.
Alliances between the Elphinstones and Drummonds,
INCLUDING HaWTHORNDEN.
Between the noble houses of Elphinstone, Lords Elplnnstone, and the
Drummonds, Earls of Perth, there were frequent intermarriages. Eobert,
the third Lord Elphinstone, married, in 1546, Margaret Drummond, daughter
of Sir John Drummond of Inverpeffray. Marjory Elphinstone, sister of
Eohert, third Lord Elphinstone, married Eobert Drummond of Carnock, in
the county of Stirling. She was the mother of Sir John Drummond, knight,
the first of Hawthornden, and the grandmother of his son, Mr. William
Drummond, the second of Hawthornden, who was the famous poet and
scholar. Alexander, fifth Lord Elphinstone, married in 1607 Lady Elizabeth
Drummond, sister of James, first Earl of Perth. Clementina Elphinstone,
youngest daughter of Charles, tenth Lord Elphinstone, and his wife,
Clementina Fleming, Lady Elphinstone, married in 1785 James Drummond
of Perth, afterwards created Lord Perth.
Even previous to those frequent intermarriages, the Lords Elphinstone
and the Drummonds were on terms of intimate friendship as neighbours in
the county of Stirling. Amongst the Elphinstone muniments there are pre-
served documents relating to land transactions between Alexander, fourth
Lord Elphinstone, and Sir John Drummond, knight, the first of Haw-
thornden, and his son, William Drummond, younger of Hawthornden, dated
in the year 1610. The signatures of Sir John Drummond afiixed to these
documents are almost illegible scrawls, while those of his son William are
as distinct as large lettered print, as may be judged from the wood engraving
here subjoined. When he thus wrote his name in the year 1610, the poet
was in his twenty-fifth year. It may be of interest to compare this
signature with that given in Professor Masson's interesting life of the poet,^
and also with the separate specimen of his signature appended to the
' i'leface, p. ix.
GENERAL DESCRIPTION OF THE BOOK. XXXlH
characteristic letter which the poet wrote to his cousin, the fifth Lord
Elphinstone, addressed as Lord Kildrummy, in 1639.^ The surname of
Druramond, owing to the frequent alliances between the chiefs of the two
families, has been continued as a Christian name to the present and recent
generations of the Elphinstone family.
The testament of William Drummond of Hawthornden, the poet, is
printed among other family testaments in the second volume of the present
work. The testament or will is dated 1653.
S[-l>riLm^f^
General Description of the Present Work.
The history of the Lords Elphinstone, as now printed in these twin
volumes, may be shortly described in this place. The General Table of
Contents prefixed to volume i. gives a short outline of what is contained in
that volume. The Introduction gives a special description of the castles,
baronies, and other territories respectively occupied and held by the Elphin-
stone family from early times when they first appear as owners of the
ancient ]'ower on the rocky eminence at Elphinstone in East Lothian, which
was the cradle of their race. The general description of their successive
castles of the original Elphinstone in East Lothian, the new Elphinstone in
Stirlingshire, and Kildrummy in Aberdeenshire, and also of their other
mansions in several counties of Scotland, will give some idea of where the
members of the family of Elphinstone resided from time to time throughout
so many centuries. Such an introduction seemed to be a necessary and
' Volume i. of this work, p. 203.
VOL. I. ]c
Irritl THE ELPHINSTONE PORTRAITS.
fitting preliminary to the full understanding of the detailed memoirs of the
entire line of the Elphinstone family, extending in all to twenty-three
generations. In addition to the Introduction there is also printed in the
first volume a Tabular Genealogy of the Elphinstones, Lords Elphinstone, to
the present time. That Tabular Genealogy is not a mere sketch or skeleton
outline. It is in reality a " Vidimus " of the whole history of the family, and
is applicable to both volumes.
The first volume, which is devoted almost entirely to memoirs, brings
down the history of the family from its first known progenitor to the close
of the lives of the thirteenth and fourteenth Lords Elphinstone ; while the
second volume continues the memoirs with the history of the members of
the Carberry line of the family, down to and including the fifteenth and
sixteenth Lords Elphinstone. All these detailed memoirs in both volumes
are as full and exhaustive as the muniments in the Elphinstone charter-
boxes, and the space available for them in the Elphinstone Book, enable
them to be recorded.
The Elphinstone Portraits.
Along with the memoirs in the first volume of the long line from 1200
to the thirteenth Lord, who died in 1860, there are collotype portraits of
Alexander the fourth Lord Elphinstone and many of the other lords, who
in turn succeeded him, down to and including John the thirteenth Lord.
There are also similar portraits of Admiral Lord Keith and of the Honour-
able Mountstuart Elphinstone, the able statesman and historian of India,
as well as of the saintly William Elphinstone, Bishop of Aberdeen, the
founder of King's College, or oldest university there, who forms a fitting
frontispiece to this volume. His life has been frequently written in
histories and biographical works of eminent Scotsmen. He alone would
confer honour upon any family, church, or country with which he was
connected. By anticipation of a description of the contents of the second
ELPHINSTOBE TOWERS. IfJCiJ
volume, it may here be noted that the portrait of the present representative
of the family, Sidney Herbert, sixteenth Lord Elphinstone, who has done so
much for the promotion of this work, is worthily assigned a similar place
in that volume.
Besides these family portraits, all of which except the last named are
included in the first volume, there is also introduced a portrait of Queen
Margaret Tudor, wife of King James the Fourth, from an interesting original
portrait of Her Majesty and the Duke of Albany, in the possession of the
Marquess of Bute, K.T., who has kindly consented to this portrait of Queen
Margaret being introduced into the present work. In the Elphinstone
charter-chest there are preserved several documents relating to Queen
Margaret and her three marriages. These are also described in the memoir
given of her in this volume. Her Great Seal of Arms has been specially
engraved for this work, as it appears not to have been noticed in any recent
book on heraldry. Her signet seal has also been reproduced, and appears
alongside of her great seal. Other two portraits have been conjoined in
the Introduction — Cardinal David Beton and George Wishart the martyr.
They were two very different men, and are brought here together from the
circumstance that they were both at the old Tower of Elphinstone shortly
before the execution of Wishart. In the first volume there are in all
seventeen Elphinstone and other portraits.
Elphinstone Toweks.
In addition to these portrait illustrations there are several collotype
photographs, including the original Elphinstone Tower in East Lothian, the
remains of the second Elphinstone Tower and church in Stirlingshire ; also
two views of Carberry Tower, the ruins of Kildrummy Castle, Aberdeen-
shire, the Elphinstone aisle at Kildrummy, built in 1605, and several
monumental stones in Kildrummy aisle.
Irrtlf MEMOIRS OF THE GARBERRY LINE.
In this volume there are also numerous woodcut signatures and seals of
the Lords and Ladies Elphinstone from Alexander the second Lord in 1528
to John the thirteenth Lord Elphinstone. Besides these there are other
woodcut signatures, including two of Queen Margaret Tudor and those of
her second and third husbands, Angus and Methven, with a seal of the
former; Annas Elphinstone, Countess of Sutherland, her husband John
the twelfth Earl, Lady Jane Gordon, Countess of Sutherland, her mother-in-
law, and John, thirteenth Earl of Sutherland, her son ; and also of William
Drummond of Hawthornden, the poet — in all thirty-nine woodcut signatures.
The second volume of the Elphinstone Book contains the detailed
memoirs of the Honourable William EuUerton Elphinstone of Carberry,
third son of Charles the tenth Lord Elphinstone. Mr. Elphinstone was
a prominent director and chairman of the East India Company. He was
one of its most highly respected and influential members. A letter from
Warren Hastings, Governor-General of India, to Mr. Elphinstone on a
resolution in his favour passed by the court of directors, is printed in his
memoir, and also given in facsimile in this volume. Detailed memoirs of
this venerable and respected nonogenarian and his descendants down to the
present sixteenth Lord, his great-grandson, form the first portion of this
second volume. The part of the volume which immediately succeeds these
later memoirs contains a pedigree of John Elphinstone of Baberton and
Selmes, and also one of James Elphinstone, his younger brother, created
first Lord Balmerino in 1603, and their descendants. These two pedigrees,
with the detailed memoirs of Baberton and Selmes, show the whole line of
descent of these two brothers to their entire extinction in the male line.
Following this is a short memoir of James Elphinstone, Lord Coupar, who
was a younger son of the first Lord Balmerino.
Next to these memoirs comes a large collection of Eoyal Letters pre-
served in the Elphinstone charter-chest, a second section of State and
Domestic Letters, and a third section of Correspondence between Sir Robert
ELPniNSTONE GOERESPONDENGE AND CHARTERS. XXXMXX
Cecil, afterwards first Earl of Salisbury, Secretary of State for England,
and James Elphinstone, first Lord Balmerino, Secretary of State for
Scotland.
Following this correspondence is a selection from the charters of and
relating to the family of Elphinstone, Lords Elphinstone. The first of these,
about the year 1200, is a charter by Peter of Grame to the House of Soltre
of three bovates of land in Elvynstoun. One of the most interesting of these
charters is the charter of erection of the lands of Erth-Chalmerlane, Pitten-
dreich, and Cragorth into the barony of Elphinstone. This charter, which
bears date 4th January 1503-4 was by King James the Fourth to Sir John
Elphinstone of Erth, knight, father of the first Lord Elphinstone. This
selection, which embraces the period from c. 1200 down to 1508, is followed
by the Patents of Peerage of the United Kingdom, conferred upon John,
thirteenth Lord Elphinstone, in 1859, and William, fifteenth Lord Elphin-
stone, in 1885. As explained in the memoirs, the earliest of the charters
from the De Quincys as lords of Tranent_appear to have been retained by
the heiress of Elphinstone when she inherited the lands after the battle
of Piperdean, where her father fell.
Following the charters are several wills and other miscellaneous papers,
including the testaments of James, first Lord Balmerino, in 1612; George
Elphinstone of Blythswood, who therein acknowledges Alexander fourth
Lord Elphinstone as his chief; William Drummond of Hawthornden the
poet, a cousin of the Elphinstones ; Marion Ogilvie, Lady Melgund ; and
several other Elphinstone writs.
The second volume further contains a comprehensive index of names of
persons and places, which will facilitate ready reference to every portion
of this work. This volume is further enriched with collotype portraits of
the Honourable William Fullerton Elphinstone of Carberry, his two eldest
sons John Fullerton Elphinstone and Captain Charles Elphinstone, his
youngest son Colonel James Drummond Elphinstone, and his son the late
Irrtiiii claims by English elphinstones
William, fifteenth Lord Elphinstone, and also his Dowager, Constance, Lady
Elphinstone.
Claims by certain English Elphinstones.
It may be proper here to notice that certain claims to Elphinstone
honours have been made by Mr. Alexander Francis Elphinstone of Livonia
House, near Sidmouth, Devon; (1) as descended from John Elphinstone of
Baberton and Selmes, and as such the heir-male of James Elphinstone, Lord
Balmerino, the younger brother of John ; and (2) as a cadet or collateral
branch of the Lords Elphinstone. Claim has also been made by Mr. Nicolas
William Elphinstone, son of Mr. Alexander Francis Elphinstone, as heir
male of Mr. William Elphinstone, cup-bearer to King Charles the First,
who is said to have been created a baronet in 1628, and as such heir-male,
styling himself Sir Nicolas William Elphinstone, baronet.
In regard to these claims generally it may be explained that the first
intimation of them received by me was from Mr. Nicolas William Elphin-
stone himself in the month of October 1859. He waited upon me in Edin-
burgh, and was both frank and courteous in his communication. He pointed
out in a copy of Douglas' Peerage of Scotland that his father Mr. Alexander
Francis Elphinstone was the heir-male of John Elphinstone of Baberton and
Selmes, and of his immediate younger brother James Elphinstone, Lord
Balmerino. Mr. Elphinstone did not then submit any proof of his
statements.
Abandonment of Claim to Balmekino.
Twenty-eight years later Mr. J. H. Barnett, Mr. Elphinstone's London
solicitor, a respected practitioner there, waited upon me in Edinburgh on
2nd December 1887. He explained that Mr. Elphinstone and he had
abandoned all claim to the male representation of Balmerino, Baberton, and
Selmes, for many years. Mr. Barnett then offered me, on behalf of the late
CLAIM OF MR. NICOLAS ELPHINSTONE. \XX\X
Lord Elphinstone, to hand over the numerous papers which had been
collected in reference to the claim, as Mr. Barnett thought they might be
useful to Lord Elphinstone in support of his own claim to Balmerino. But
that friendly offer was not accepted.
A detailed descent of the family of John Elphinstone of Baberton and
Selmes, and also a Tabular Pedigree of that line, as well as a full Tabular
Genealogy of the Balmerino line, are given in the second volume of this
work. These will show that Mr. Alexander Francis Elphinstone and his
family were not well advised in putting forward such a claim. While this
claim is now formally abandoned, the statement of the Baberton and Bal-
merino families referred to will save any such claim being hereafter
revived.
Claim of Me. Nicolas Elphinstone as a Bakonet of 1628.
In regard to the other two claims made by the same family of Alexander
Francis Elphinstone, and particularly the one made by Mr. Nicolas Elphin-
stone to the baronetcy said to be created in favour of William Elphinstone,
the cup-bearer, in 1628, it may be explained that when Mr. Barnett of
London waited upon me on 2nd December 1887, he wrote in my chambers,
on a large sheet of paper still preserved, a Tabular Pedigree of his Elphin-
stone clients, showing that the alleged baronet was descended from John
Elphinstone of Blythswood and his wife Elizabeth Douglas. This John
Elphinstone, he said, was the common ancestor of two brothers both of the
same name of John ; the elder brother being the direct ancestor of the
baronet of 1628, and the second John or Jock, in France, being the direct
ancestor through his French and Orkney descendants of the other alleged
baronet, Mr. Nicolas Elphinstone. Shortly after Mr. Barnett waited upon
me, the claim of Mr. Nicolas Elphinstone came formally before the late
Mr. Burnett, Lyon King of Arms for Scotland, for recognition as the baronet.
That claim was not intimated to the late Lord Elphinstone, who on las
Irrr claim withdrawn from the ltox court.
succession as fifteenth Lord, had his right duly admitted by the late Earl
of KiunouU, then Lord Lyon King of Arms, and his Deputy King of Arms.
When the claim of Mr. Nicolas Elphinstone to be a baronet was made,
Mr. Burnett did not admit it, partly on account of the deficiency of proof
of the legitimacy of the second brother John or Jock. But before a final
decision was pronounced the death of Mr. Burnett occurred. The claim of
Mr. Nicolas Elphinstone was renewed before Mr. Balfour Paul, the new Lyon
King of Arms, as successor to Mr. Burnett. The claim was debated in the
Lyon Court on several occasions by counsel at the Scottish Bar, on behalf
of the claimant. Both Mr. Burnett and Mr. Paul were trained lawyers at
the Scottish Bar, and were learned in genealogical and heraldic suhjects.
They both readily saw the defect of proof in support of the claim, and
indicated hostile judgments. The claim was not, in consequence, pressed to
a decision in the Lyon Court ; and by permission it was withdrawn along
with the documentary proofs founded to support it.
The Name and Title of Sir Nicolas Elphinstone dropped from
"Debrett" in 1895.
Hearing that the claim to the baronetcy had not been allowed by the
legal official judges of Arms, the editor of " Debrett's Peerage " after having
iucluded Mr. Nicolas Elphinstone as a baronet for several years, including
also by name seven or eight of the alleged baronets previous to him, struck
his name out of the list of baronets in the publication of " Debrett " in the
year 1895. Another editor of an annual Peerage-book printed a note after
the name of Sir Nicolas Elphinstone, baronet, " that the officers of Arms did
not recognise this baronetcy."
Mr. Edward Walford, former editor of "Lodge's Peerage."
The late Mr. Edward Walford, when he was editor of " Lodge's Peerage,"
was supplied with a paragraph by the late Sir Howard Crawford Elphin-
ELPHINSTONE ENTAILS OF 149C AND 1502. \XXXi
stone, son of Mr. Alexander Francis Elphinstone, stating that his family
was a collateral branch of Lord Elphinstone's. As the notices of peers
bore that these were revised by the peers themselves, which was not the
fact as regards Lord Elphinstone, his Lordship remonstrated against such
statements of claim, and repudiated them as unfounded. His remonstrances
being disregarded by Mr. Walford in subsequent publications of "Lodge's
Peerage, intimation had to be made on behalf of Lord Elphinstone that
legal proceedings would be instituted to restrain the publication. Mr.
Walford's editorship was soon afterwards discontinued, and he started the
"Windsor Peerage," in which he of new advocated keenly the claims of
these English Elphinstones to cadetship with Lord Elphinstone. He did
so also in his small " Shilling Peerage " and in his larger " County Families."
But all these statements in these annuals were made on mere ex imrte
information, and with no proper editor judicially informed as to the legal
questions involved in the claim. Such party paragraphs either as to peer-
ages or baronetcies by interested editors not trained as lawyers can never
create peerages or baronetcies, or even effect branches of noble families
where no real claim exists.
Elphinstone Estate Entails in 1496 and 1502 contain no mention of
John, familiarly called Jock.
These questions have been thoroughly investigated in the legal and
recondite repositories of Lord Elphinstone's charter- chests. There exist
two entails of the Elphinstone Family Estates made in the years 1496 and
1502 by Sir John Elphinstone, father of the first Lord Elphinstone, and
the able and energetic founder of the new barony of Elphinstone in 1503.
Both these entails are printed ad longum in the second volume of this
work. They were made in the time of John Elphinstone, the common
ancestor of the John Elphinstone in Glasgow who married Agnes or
Elizabeth Forsyth, and of his alleged brother " John or Jock " of the
same Christian name, in France and Orkney. Now tiiese two family
vol. I. I
Irrni examinations of lord elphinstone's muniments.
entails, being made by the chief and male head of the Elphinstoues, and
being contemporary with the three Johns, give an ample exposition of the
real state of the family at that date. John, the father and common
ancestor, is named as one of the true heirs of the Elphinstones of Elphin-
stone, and so is his son John, the elder of the two brothers John.
But the John or Jock who is alleged to have been the younger
brother, and of France and Orkney, is entirely omitted in both these
early and important charter entails of the estates, thus showing that he
was not acknowledged by the head of the Elphinstone Family in the
years 1496 and 1502 as a legitimate cadet and member of that family,
but was excluded and treated either as anonymous or illegitimate in origin.
Eepeated exajminations of Lord Elphinstone's Muniments by the
AGENTS of the ENGLISH CLAIMANTS.
The late Lord Elphinstone was very generous in opening up his exten-
sive MS. collections for historical and biographical purposes. Knowing well
this feeling on the part of his lordship, I ventured to suggest to him,
after he intrusted to me the preparation of an exhaustive report to the
Eoyal Commissioners on Historical Manuscripts that he might indicate
to Sir Howard Crawford Elphinstone that if any charters or other writs
in support of the claim of his father to the Balmerino Peerage existed,
they would be communicated to him. This offer was cordially accepted,
and the promise has been duly observed ; and it is a guarantee that nothing
of importance has escaped notice after the whole collection had been re-
peatedly examined before they came into his Lordship's custody by two
such experienced lawyers as Mr. John Kiddell and Mr. James Law, W.S.,
the law-agent of Mr. Alexander Francis Elphinstone and his family. In-
deed hundreds of Lord Elphinstone's muniments still bear the initials of
J. L. for James Law, before the collection was finally delivered over by the
agent of the former Lord Elphinstone to the late Lord Elphinstone, as
fifteenth Lord, As counsel for Mr. Alexander Elphinstone and his family,
"MORAL BUT NOT LEGAL EVIDENCE:' XXXXXH
Mr. Eiddell had to deal with a certain Birth-Brief, purporting to be given
by King James the Sixth in favour of a certain Frenchman called Peter
Dalfistoun, dated 1610.
Mr. Eiddell in one of his legal works has turned Scottish Birth-Brieves
into ridicule and contempt, and he roundly asserts that no Scotch pedigree
can be accepted upon a Birth-Brief alone, as is proposed in the claim of
Mr. Nicolas Elphinstone to the extinct baronetcy of 1628.^
Sir Howaed Ckawfoed Elphinstone's Moral but not Legal Evidence,
It is but fair to Sir Howard Crawford Elphinstone to note that on
agreeing to the withdrawal of the claim to cadetship with Lord Elphinstone,
he wrote to his Lordship on 19th October 1866 that "the data we have are
sufficient to establish morally, although insufficient to prove it legally."
A short reference may be made as to the origin of all these claims
which have been made by Mr. Alexander Francis Elphinstone and his
family. During the correspondence in reference to these claims a letter
was written by Sir Howard Warburton Elphinstone, the third real Elphin-
stone baronet, to the late Lord Elphinstone. It is courteously and frankly
expressed. In it he explains that as a young man he lived a great deal
with his grandmother, the widow of Sir Howard Elphinstone, the first
baronet; and at her death he inherited aU her papers. This lady was
Frances, daughter of John "Warburton, who was nephew of John War-
burton, Somerset Herald of Arms in the Heralds' College, London. Amelia
Warburton was the mother of Sir Howard Elphinstone, the first baronet.
Being so connected with heraldry, Frances Warburton naturally took an
interest in that and the kindred science of genealogy. She prepared a
pedigree of the Elphinstone Family, and her grandson, the present Sir
Howard, refers to her great care and accuracy in recording every fact stated
in it, " subject," he says, " to one exception, which, though unimportant to
any one except my own branch of the family, is serious as regards them."
' Legal Essays by John Riddell, 1835, pp. 74-78.
Imit) FRANCES WARBVRTOirS GENEALOGICAL RESEARCHES.
The claims which have been made by these respected English Elpbiu-
stones have been carefully investigated by learned lawyers both in England
and Scotland on behalf of their clients, and submitted to the legal judges of
claims to armorial bearings, two successive Lyon Kings of Arms, with the
result stated in the foregoing pages.
In coming to the opinion on these claims, which I have stated, it is a
satisfaction for me to think that that opinion has been formed impartially
and independently, and that it is practically the same as the opinions of the
two judges of arms in the Lyon Court.
The Peesent Work the only History of the Lords Elphinstone.
The present history of the Elphinstones, Lords Elphinstone, is the only
work authorised and approved of by the present Lord Elphinstone, who is
the head and chief of the Elphinstone family.^ He has inherited the charter
miiuiments of the family from his father, the late fifteenth Lord Elphinstone,
who in turn inherited them from John, thirteenth Lord Elphinstone. The
late Lord was in possession of the Peerage and estates of Elphinstone for up-
wards of thirty years, from his succession in 1861 till his death in 1893.
He was much interested in the history of his family, and gave a commission
to the writer of these pages to form his numerous charter muniments and
correspondence into a true and exhaustive family history. But he did not
survive to see the work completed. His son and successor, the present six-
teenth Lord, followed out the wishes of his father by renewing the commis-
sion for the history of the family. The late Lord, in promoting such a work,
showed most generous confidence in intrusting to me his entire family
muniments without reserve, and the present Lord, as his successor, has
shown the same generous confidence and co-operated with great energy and
ability in forwarding the work. After a long life devoted to the elucidation
of the history of the noble and baronial houses of Scotland, and being
responsible for the preparation of a long array of family histories, the writer
1 Original letter, dated Ist M.iy 1872, in Elphinstone charter-chest,
A UTHENTICITY OF THE PRESENT WORK. IrjCIt)
has been able to bring to bear on the present work a prolonged experience ;
and although in snch a multitude of ancient documents and facts requiring
patient study, there may be discovered some omissions and commissions, he
trusts that the twin volumes of " Elphinstoniana et Balmeroniana," will be
found by those who have to study them, a record carefully, faithfully, and
truthfully written, and not unworthy of the ancient race.
Conclusion.
The Elphinstones Lords Elphinstone, through the long descent of centuries,
have experienced the vicissitudes and changes, and the ups and downs like
many other Scottish families. When they first entered upon possession of their
commanding tower in the thirteenth century, they did not require to ascend
to its summit to see thirteen counties. Quite before them were their own
feudal superiors, probably Thorald of Tranent at his great castle, a mile or
two to the east, subsequently obtained by the De Quincys, who were the
feudal superiors both of the Elphinstones and Fawsides, another ancient race.
The great De Quincys fell with the overthrow of Baliol ; and Bruce gave
their lands and superiorities chiefly to Sir Alexander Seton of Seton. He
was the representative of the Setons of that Ilk who for centuries flourished
at Seton. The Setons thus became the superiors of Elphinstone and
Fawside. In certain histories of the Seton family, it has been claimed that
they were Setons of Seton from their first introduction to East Lothian.
But it is undeniable that in the time of King David the Second, Margaret
Seton, only daughter and heiress of Sir Alexander Seton, married Alan de
Wyntoun. This alliance seems to have been considered ignoble, and created
a great commotion in East Lothian. But it was not annulled, and Alan de
Wyntoun was the progenitor of the future lairds of Seton and Earls of
Winton, down to the time of George, fifth Earl, " who put it to the touch to
gain or lose it all." He rebelled in 1715, and his peerages and estates
became forfeited to the crown. His very palace, which had often been
graced by the visits of royalty, was purchased by strangers and razed from
Irrrtii conclusion.
the face of the earth. Occupied as I happened to be from early years in
reference to the descent of that family and their earldom of Winton, on
behalf of their heir-male, the noble thirteenth Earl of Eglinton and Winton,
I cannot but heave a sigh of regret for their unhappy fate.
While the Lords Elphinstone were the loyal feudal subjects of the Earls
of Winton, and never swerved from fidelity to them, they were not involved
in the fate of their feudal superiors. Athough their ancient Tower of
Elphinstone was lost to them for a time by the law of division between male
and female heirs, the old tower had a romantic return to them after the
lapse of centuries. Unlike the Setons with their early broken male line of
descent through the Wyntoun intermarriage, they have continued as they
bet^an, in one unbroken line of male descent as Elphinstones of Elphinstone,
conjoined from the year 1509 with the Scottish peerage of Lord Elphinstone
conferred by the gallant King James the Fourth on his faithful subject, who
was accounted his prototype on the disastrous field of Flodden. The Elphin-
stone honours are conjoined also, since 1885, with that British Barony of
Elphinstone of Elphinstone, in favour of the late Lord, who had long been in
the service of Her Most Gracious Majesty, Queen Victoria.
WILLIAM FEASER.
Edinburgh, 32 Castle Street,
10th Lecemher 1897.
1
TABULAR GENEALOGY
OF IKE
FAMILY OF ELPHINSTONE, LORDS ELPHINSTONE.
From a.d. c. 1200-1897.
.—JOHN DE ELPHINSTONE. He wa
and coustable of Scotland, to the
witness to a donation by Gilbert de
father of
a witness to a grant by Roger de Quiney, Earl of Winchester in England,
uouks of Dryburgh of the wood of Gladswood, c. 1250. He was also a
laya to the Abbey of Coupar, 1250. John de Elphinstoue was apparently
.—Mr. JOHN DE ELPHINSTONE. He was a witness to a grai
■ Fergus Cumyne, Knight, Lord of Gorgyu
(Gorgie), to the Abbey of Holyrood of the mill-dam of Salchtoun'at the Water of Leith. Charter undated, but
c. 1265. This Mr. John de Elphinstone was apparently the father of a third John de Elphinstone.
I
I
III.— JOHN ELPHINSTONE, who did fealty to King Edward the First, at
Montrose, on 11th July 1296, and .again at Berwick on 2Sth August
same year, being designed of the county of Edinburgh. John Elphin-
stone survived until 1340. He married Marjorie Erth, heiress of
Erthbeg. They had a son. I
Alan Elphinstone, wlio did hom-
age on 28th August 1296, and was
designated of the county of Ber-
wick. He was probably brother
to John.
IV.— ALEXANDER ELPHINSTONE, who succeeded his father about the year 1340. He received, circa 1341, a
charter from Tliomas Erth of Wauchton, granting to him the lands in Erthbeg possessed by his late mother
Marjorie, witli fisliings, and pasturage for six horses in the "Isle of Erth." He received from Sir Godfrey
Ross tlie lands of Kythumbre, in the barony of Stonehouse, Lanarkshire. He died before 1363. He had issue.
v.— ALEXANDER ELPHINSTONE, styled "dominus ejusdem" in a charter by King David the Second, dated 1363.
Previous to that year he gi-anted to Alexander More, son of the late Sir Adam More, the Lands of Kythumbre pos-
sessed by his late father, Alexander Elphinstone, in exchange for a piece of land in Erthbeg. He was succeeded by
his son I
-SIR WILLIAM ELPHINSTONE, Knight, who is named in a charter granted in 1397 by Sir William Lindsay
of the Byres. He is supposed to have married Mary Leslie of the house of Rothes. He died before 1397,
leaving issue. |
VI.-
VII.— WILLIAM ELPHINSTONE, who, in September 1397, received
a chai-ter from Sir William Lindsay of the Byi-es, who styles him
kinsman and " dominus ejusdem," to him as son and heir of the late
Sir William Elphinstone,' Knight, of the lands of Pittendreich, in
the shire of Stirling. He died c. 1424, leaving issue three sons.
I
Alexander, named in charter of 1397.
Norman, named in charter of 1397.
James, also named in 1397.
Elizabeth, married Heliseus of Kj-n-
nynmonth.
VIII.— 1. SIR ALEXANDER ELPHINSTONE
OF Elphinstone, Knight, who was killed at
the battle of Piperdeau on 10th September 1435,
leaving only an lieir-female. His daughter Agnes
m.arried Gilbert Johnstone, son of Adam John-
stone of Johnstone, in Annandale, who acquired
with her the estate of Elphinstone, in East
Lothian. Their descendants, designed John-
stones of Elphinstone, continued for many
generations. But the tower and part of Elphin-
stone were sold, and afterwards ag.ain became
the property of the Lords Elphinstone.
VIII.— 2. HENRY ELPHINSTONE, of Mr. William El-
Pittendreich, who disputed the possession phinstone, canon
of Elphinstone with his niece Agnes. The of Glasgow .and
question was decided by arbiters, in 1471, archdeacon of
when the estate of Elphinstone was Teviotdale. He
assigned to Agnes Elphinstone, wliile was father of the
Airthbeg, Pittendreich, .and Strickshall famous William
were assigned to Henry Elphinstone. In Elphinstone,
December 1477 he resigned Aiithbeg to bishop of Aber-
his grandson John. He is said to have deen. He died on
married Jean Cunninghame, daughter of 30th June 1486.
the laird of Polniaise. He had issue.
2 TABULAR GENEALOGY OF THE FAMILY OF ELPHINSTOXE, LORDS ELPH1XST0>-1
IX.— JAMES ELPHINSTONE, younger of Pit
tendreicli, styled eldest son and lieir-apparent of
Henry Elphinstone of Pittendreicli, iu charters
of 1477. He married Isabella Bruce. James
Elphinstone was dead before 1477. He had issue.
Laurence Elphinstone of John Elphinstone, bailie
Selmys, burgess of Edinburgh, of Glasgow in 1485, was
who appears as a witues.s to a also probably a son. He
charter in 1466, was probably a was apparently father of
son of Henry. He was father of |
X.— SIR JOHN ELPHINSTONE,
Knight, of Pittendreich. In
1477, as son of James Elphinstone,
he received a charter from his
grandfatlier Henry Elphinstone,
of the lands of Airthbeg. In
1496 he entailed his lands of Pit-
tendreich, Airthbeg, etc., on him-
self and other heirs, as shown in
his Memoir. In 1.'502, in a charter
of part of Craigrossy, the same
heirs of entail are named. He was
knighted in 1503, and had his whole
lands in Stirlingshire and Perth-
shire erected into the Barony
OF Elphinstone. He died in
1508. He married, first, Euphamia
[ ] ; secondly, Margaret
[ ]. He had issue.
ALEX.4NDER ELPHIN-
STONE, designed
brother of John El-
phinstone of Airth.
In 1508 he is de-
scribed as of Scot-
tistoun. He appears
to have died without
Mr. William Elphin-
stone, rector of
Clatt, iuAberdeen-
vho
ap-
pointed tutor
Alexander, second
Lord Elphinstone
in 1516. He died be-
fore 21st July 1531.
Andrew Elphinstone of Selmys, John Elphin
called as an heir of entail in 1496 stone, d e
and 1502 by John Elphinstone
of Pittendreich. He left issue
on his death in 1513, three
sons, William, provost of the
Collegiate Church of Bothwell ;
Andrew ; and Alexander, canon
of Aberdeen.
Nicholas Elphinstone, who re-
ceived in 1499 the lands of Glack,
Aberileenshire, from his brother
Andrew, and was ancestor of
the Elphinstones of Glack,
etc.
Janet married Richard Lausouu
of Hieriggis.
scribed in en
tails by Join
Elphinstone o
Pittendreich, o
date 1496 an(
1502, as son o
the uncle of the
entailer. He
married Beat-
rice Wardlaw,
and had issue a
son, George,
who was ances-
tor of the El-
phinstones OF
Bltthswood.
XL— ALEXANDER ELPHINSTONE, first LORD ELPHINSTONE, who during Thomas
his father's lifetime received charters of the lands of Invemochtie and others to Elphin-
himself and his wife Elizabeth Barlow, in 1507 ; the Mains of KiUlrumniy and stone, who
others, iu Aberdeenshire, in 1508. In 1508 he succeeded Ids father in the is named
barony of Elphinstone, and was, at the baptism of Prince Arthur, about along with
November 1509, created Lord Elphinstone. He and liis wife afterwards his father
received new charters of all their lands. He was Icillerl ;it the battle of Flodden as tenantof
on 9tli September 1513. His wife was Elizabeth Barlow, a maid of honour to the Halls
Queen Margaret Tudor, wife of King James tlic Fourtli. Lady Elphinstone of Airth.
survived her husband, and married, secondly, John, sixth Lord Forbes, by whom
also she had issue. Alexander, fir.st Lord Elpliiustone, had issue two sons,
Alexander (.second Lord) and James, and four daughters.
Isabella, nurse of
Prince James (who
died 1508). She
married, first,
David Lindsay of
Dunrod ; second,
Robert Maxwell
of Calderwood.
Jean, who ap-
pears to have died
unmarried.
11. —ALEXANDER ELPHINSTONE, second LORD ELPHINSTONE, Ja m es,
to whom, as a minor, Mr. William Elphinstone, rector of Clatt, in born 12th
Aberdeenshire, was, as nearest agnate on the father's side, appointed May 1512,
lawful tutor on 28th November 1516. Two years later Mr. Robert Elphin- died uu-
stone, parson of Kincardine, "cousin " of the minor, protested against married,
the tutor's acts, and was himself appointed on the other's resignation.
Lord Elphinstone was present at the battle of Pinkie, and was killed
there on 10th September 1547. He married Catherine Erskine, eldest
daughter of John, fourth Lord Erskine, and had issue six sons and five
daughters. |
Elizabeth, bom 25th April
1508, married Sir David
Somerville of Plane, and
had issue.
Euphemia or Effie, born
11th May 1509, married
John Bruce of Cnltmalin-
die, and had issue.
Mart, bom 28th April 1510,
died unmarried at Stirling.
Barbara, born 22nd August
1513. Died young.
TABULAR GENEALOGY OF THE FAMILY OF ELPHINSTONE, LORDS ELPHINSTONE.
XIII.— ROBERT.thiedLORD
ELPHINSTONE, born 9tli
September 1530. In 1550
he had a charter of various
lands to himself and his wife.
In 1568, after the Earl of
Moray became regent, Lord
Elphinstone was required to
give up his tower of Elphin-
stone to the government,
and, in 1571, he was required
to deliver the castle of Kil-
drumniy. He married, iu
1546, Margaret Drummond,
daughter of Sir John Drum-
mond of Inverpeffray, and
Margaret Stewart, Lady Gor-
don, and had issue six sons
and four daughters. He
divested himself of his
estates in 1577 in favour
of his eldest son. Robert,
Lord Elphinstone, died on
IStli May 1002.
John Elphinstone, parson of Invernochty, born 4th June Maegaret, married
1536, married Agnes Bruce, sister to the laird of Clackman- John Livingston,
nan, and had issue. He died in 1616. " ~
James Elphinstone, born 12th July 1538, had a charter of
the lands of Inverdovat and others, in Fife, in 1599. He
was one of the household of King James the Sixth. He mar-
ried Agnes Ramsay, sister to Ramsay of Clettie, and had
one son Frederick, who was his heir in Inverdovat.
Alexander Elphinstone, born 19th January 1539, designed
brother of Lord Elphinstone in a chai'ter of 1581, to which
he is a witness. He died unmarried.
Sir Michael Elphinstone, born 28th September 1544, had
charters of part of Kittyniuir in 1580, and of Hillington
and Archilton in 1581. He became master of household
to King James the Sixth. He was sworn of the privy
council in 1604, and died unmarried in 1625.
William Elphinstone, twin with Michael. He had a charter
iu 1589 from Robert, Earl of Orkney, of the lands of Trosnes.
He became sheriff of Orkney, and died on 26th July 1602.
He married Janet, daughter of James Henderson of Fordell,
who survived him. He h.id issue three sons, William,
Michael and Henry.
younger of Duni-
pace, and had issue.
[SOBEL, married
James Hamilton
of Haggs, and had
Marjory, married
Robert Drummond
of Carnock, and had
issue.
Janet, married
Robert Leslie of
Rosmarkie, laird of
Findrassie, and had
issue.
XIV. — ALEXANDER,
FOURTH LORD EL-
PHINSTONE, born
28th May 1552. In
1598 he was made a
privy councillor, and
iu the following year
high treasurer, which
oIKce he held till Sep-
tember 1601. He also
held the office of an
extraordinary lord of
session in 1599-1610.
He died in January
1638. He married,
iu 1575, Jane, eldest
daughter of William,
sixth Lord Living-
SiR John Elphinstone, elder of Selmes and Baberton, l.iorn 9th
September 1553, man-ied Giles, daughter of the laird of Selmes,
and, in 1597, acquired the lands of Baberton. He died in
October 1614, leaving issue.
James Elphinstone of Invernochtie and Barnton, secretary
of state and president of the council, was born on 19th August
1557. He was created in 1603 Lord Balmebino. In 1605 he
was appointed president of the court of session. He died at
Balmerino in 1612. He was twice married, first, to Sarah,
daughter of Sir John Menteith of Kerse ; secondly, to Marjory,
daughter of Hugh Maxwell of Tealing. He had issue, and
was the ancestor of the sixth and last Lord Balmerino, who
was executed, as a Jacobite, on Towerhill, 18th August 1746.
John Elphinstone, younge
England i
id ha
, 14th July 1558, and died in
William, born 27th April 1563, and died in Naples 1588.
GEnROE, born 3rd January 1565, became a Jesuit.
1556, married Patrick
Barclay of ToUie Bar-
clay, and had issue.
Agnes, born 3rd October
1559, married Walter
Ogilvie of Findlater,
and had issue one
daughter, who became
Lady Pitsligo.
Elizabeth, born 1st
August 1561, married
Robert Innes of Innes,
1st November 1682, and
had issue. She died in
1013.
Map
borr
cember 1568, married
John Cunningham of
Druujquhassel, 31st De-
cember 1587, and had
i TABULAR GENEALOGY OF THE FAMILY OF ELPHINSTONE, LORDS ELPHINSTONE.
XV.— ALEXANDER, fifth LORD ELPHINSTONE, who succeeded his
father in January 163S. He received, in 1601, a remission for having
attended a secret mass in the house of Alexander Napier, burgess of
Edinburgh. He was afterwards sent to St. Andrews, from which
university he had, in 1601, a testimony to his proficiency in theology,
and of his signing the Confession of Faith. He was one of the com-
missioners for opening the Scottish pai-liament of 1630, and in 1633
entered into an agreement with his fatlier for the latter's parlia-
mentary robes. He died 27th August 1648, and was succeeded in his
title and estate by his nephew Alexander, son of liis brother James.
He married, on 28th April 1607, Elizabeth Drummond, sister of James,
first Earl of Perth, and had issue four sons, Alexander, J ames, Alex-
ander, and John, and six daughters, Jean, Lilias, Elizabeth, Mary,
Isobel, and Anna. These all died young, except the daughter Lilias,
as shown in detailed Memoirs. |
Mr. James Elphinstonk of
Baruis, who appears tohave
held f"v ;i tiniM t!i.- Iniids
0fQ»:-n.;,inr^hi! .i.-l,liv.
He II, ,r l.:,itlKl-
the 1
28th
Jean.
1. He
d, Hele
liber ltJl4.
ily daughter
daughter to the laird of
Brux, on 9th July 1622.
He died before June 1628,
leaving issue one son and
two daughters.
XVI.— LILIAS ELPHINSTONE, who
became heir of line of the family, and
married her cousin Alexander, who
was the heir-male, on 25th November
1645. She made her will on 1st July
1668, in which she mentions her son
John, Lord Elphinstone, in her life-
time. She died in 1675. They had
= ALEXANDER, MASTER OF
ELPHINSTONE, and sixth
LORD ELPHINSTONE, who
was born 31st July 1624, suc-
ceeded his uncle, Alexander, fifth
Lord in 1648. He married his
cousin Lilias, the heir of line, and
at his death, on 26th October
1654, left issue.
Jean, born 14th March 1616, who was
retoured heir general to her father,
James Elphinstone of Barnis, in
1634 ; married Alexander Urquhart
of Dunlugus.
XVII.— l.ALEXANDER,SEVENTH XVIL-
LORD ELPHINSTONE, re- was i
toured heir to his father on 30th He \
May 1655, but died in May 1669, 1689,
without issue, and was succeeded answ
by his brother John, eighth Lord. king.
He married, 10thSeptemberl667, of tli
Anne, daughter of Alexander his v
Burnet, archbishop of Glasgow, Char
who survived him, and married dale,
Patrick, third Lord Elibank. issue
-2. JOHN, EIGHTH LORD ELPHINSTONE,
etoured heir to his brother on 29th March 1C70.
as :i iii-ml'cr of the convention of estates in
;iii'l -' ) 'I" li It i-r sent to King William in
I II It I'll ': in -loue was a steaily supporter
ill la-d -Jlth March 1718. By
111-. I.I ' \! iitl.Mi-i. I'ldest daughter of
fi II '1,1 Earl of Lauder-
«: Apiil 1670, he had
James, Anna,
baptized at baptized at
Airth, 31st Airth, 22nd
July 1651, June 1648,
married
Walter,
sixth Lord
Torphichen,
in 1671,
and had
issue.
died 26th
March
16H6.
XVllL-
M AS'
ELPH
born
1672.
1. JOHN,
PER OF
INSTONE,
13th May
Died young.
Charles
ELPHIN-
STONE,
born 18th
November
1676,
and died
young and
unmarried.
RICHAIU),
XVIU. — 2. CHARLES,
NINTH LORD ELPHIN-
STONE, born lltli.Vinil
1682. JSci'vi'il 111 I'hiii-
ders from I'oC, tn tin'
peace of I'trcrht in 171;!,
and held the rank of
captain. He succeeded
his father in 1718, and
died 20th February
17.^7. He married Eliza-
Jo HN, born
13th August
1685.
Captain Wil-
liam, born
13th March
1689, killed
.at tlie battle
of Preston
1715, s.p.
Me
of
born 14th
February
1681. Died
unmarried.
('aniiii;l'iii, who died
IGth February 1738, and
had issue, six son-i and
five danghters, as .shown
in detailed Memoirs.
Elizabeth, born 24th May 1673, who
married the Hon. John Campbell
of Mamore, and hail issue. She
died 13th April 1758.
Isobella, born 7th November 1677,
dii'il at K.liiibiir-li .Tune 1679, "the
M.Mi'. I'll: ' T the Duchess of
.•\ii':ii!\ . ""I II 1". ii .laiiuary and died
IJii, lV-i.iuai'> mso.
Anna, born 29th May 16S3.
Margaret, born 30th May 1684,
married, first, in 1706, George
Count Leslie of Balquhain ; second.
Sir James Gordon of Park, and had
issue to both.
Mary, born at Newport Pond in
Essex, 30th September 1686. She
married Thomas Buohan of Cairn-
bulg, advocate.
TABULAR GENEALOGY OF THE FAMILY OF ELPHINSTONE, LORDS ELPHINSTONE. 5
John, born JOHN,
MA
STER OF
29th June
1703, ami
died on
the same
day.
ELPHINSTONE, Lorn
17th January 1706, died
in the lifetime of liis
father, at Culcruich, 29th
April 1753. His wife was
Miirjory, daughter of Sir
GUbert Fleming of Farm,
Baronet. She survived
him, dying at Edinburgh
6th Augiist 1784, without
James
Elphix-
STONK,
who was
born 15th
ApriU708,
died
unmarried.
XIX.— CHARLES, TENTH
LORD ELPHINSTONE, born
6th August 1711. Succeeded
his father in 1757. He mar-
ried, in 1735, Lady Clemen-
tina Fleming, daughter and
heiress of John, sixth Earl of
Wigton, and heir-general of
the Wigton, Keith, Marischal
and Drummond families. She
died 1st January 1799. Lord
Elphinstone died 6th April
1781, leaving issue, seven sons
and seven daughters, as shown
in detailed Memoirs.
AKOni-
BAI,D
born 18th
June 1714.
KiUed in
expedition
against
Cartha-
gena,1741.
WlLLTAM,
born 20th
June 1718,
died
young.
and had issue.
Primrose, born
27th January
1725. Married
Rev. Ale.-sander
Home, after-
wards Earl of
Home, and had
issue.
1
XX.— JOHN, eleventh LORD
ELPHINSTONE, born 26th
January 1737, became an officer
in the army, an<l served in Canada
under General Wolfe. Held
the office of lientcn.int-governor
of Edinburgh Castle. Succeeded
his fatlier April 1781. Elertcd
a repre.sentative peer of Scot-
land 1784 and 17911. He ,lie.l
19th August 1794. Hv marvi.d
Anne, eMc^t daughter of J.anies,
third Lord lliitiivi-u, who sur-
vived him, :uid died 28tli Octo-
ber 1801. Tliey had issue four
sons and four dausrliters.
Charles Elphin- Lockhart Elphinstone,
STONE, born 29th born 26th November 1743.
April 1739, lo.st at Died young,
sea in H.M.S. 'St.
George," 13th April George Keith Elphin-
1758. Unmarried. stone, born 7th January
1746. He entered the
\V]|,I,IAM FuLLF.RTON navy in 1701, and gi'eally
Eliiiinst,..m.: of ilistinguished himself. For
]')lpliiu^toiir and li is Services he was created
Carliorry. [See Kl- a peer by the title of Lord
phiiistone and Car- Keith, and afterw.ards
hernj Line next Viscount Keith. He was
^)fif/c] twice married, and had
issue, but the titles are
now extinct for lack of
lieirs-male. He died on
10th March 1823.
Mart Elphinstone died
8th May 1825.
Elizabeth, died young.
Eleonora, m.irried, 1777,
Right Hon. William Adam
of
-Ada
had
Prlmrose. Will dated 28th
July 1800. Died 18th
January 1802.
Clementina. Married, 31st
March 1785, James Drum-
mond, crkated Lord
Perth. Theirdaughterbe-
came Lady Willoughby
De Eresbt.
XXI.— J0HN,twelfth LORD Charles Elphinstone, James Ruthven El- Anne Stuart, died 1832.
irards Ch;
t of Biggar and
ELPHINSTONE, entered
the army, and became major-
general . Succeeded his
father 1794, was chosen a
representative peer 1 806,
and died 20th May 1813.
He married, 31st July 1806,
Janet Hyndford, daughter
of Cornelius Elliot of Wolf-
lee, relict of Sir John
Gibson Carnuchael, Bart.,
and had issue.
J
XXIL— 1. JOHN, thirteenth LORD ELPHIN-
STONE, G.C.B., aovEBNonoF Madras, and after-
wards OF Bombay durino the mutiny of 1857.
Born 2nd June 1807. Died unmarried, 19th
July 1860, and was succeeded by his cousin John
Fleming as fourteenth Lord.
in 1816, Catalina-
Paulina - Alessandro,
and had issue one son
and fonr daughters, as
in detailed Memoirs.
without issue, 1st
Augu.st 1828.
Mountstuart Elphin-
stone, D.C.L., Gover-
nor of Bondiay, his-
Keith, married, 4tli September
1803, David Erskine of Car-
dross. Died 4th August
1841, leaving issue.
XXII.— 2. JOHN FLEMING, fourteexth LORD
ELPHINSTONE, born 11th Dc.cmber 1819. Succeeded
his cousin as fourteentli Lord Eli.liinstone July 1860. He
was unmarried, and on liis dcatli, 13tli January 1861, was
succeeded by liis cousin William BuUer Fullerton as
FIFTEENTH LORD El.I'HINSTONE,
TABULAR GENEALOGY OF ELPHINSTONES OF ELPHINSTONE
AND CARBERRY.
THE DIRECT LINEAL ANCESTORS OF WILLTAJI, FIFTEENTH LORD ELPHINSTONE,
AND HIS SON, SIDNEY HERBERT, THE SIXTEENTH AND PRESENT
LORD ELPHINSTONE.
The Honourable WILLIAM FULLERTON ELPHINSTONE of Elphinstone and Carberry, born 13th Septkm-
BER 1740, commander in H.E.I.C.S., and for mant tears a director, and sometime chairman of the com-
pany. He died 3rd May 1S34. Hk married, on 24th June 1774, Elizabeth, eldest daughter of William
Fullerton of Carstairs, and niece and heiress of John Fulleuton of Carberry, Midlothian. She
survived her hvsband, and died 27th May 1840. They had issue four sons and three DAUCTiTERs.
John Fullerton Elphinstone, one of
the select committee at Canton,
China. Died 12th Marcli 1854.
Charles Elphin-stone, born in 1784.
A captain in the Royal Navy. Lost
in the "Blenheim" in Felji-nary 1807.
William Georgic Keith Elphinstone,
major-geniral in the army, C.B,.
K.L.W., K.S.A. Died in command
in India on 23rd April 1842.
JAMES DRUMMOND ELPHINSTONE,
afterwards James Drummond Buller
Fullerton Elphinstone of Elphinstone
and Carberry. A lieutenant-colonel in
the army. He died 8th March 1857. He
married, tirst, in 1820, Diana Mary, only
daughter of Charles John Clavering, who
died in 1821 ; secondly, Anna Maria,
only daughter of Admiral Sir Edward
Buller, Baronet, of Trenant Park, Corn-
wall, who died in 1845, by whom he had
issue four sons and four daughters.
Clementina, married, 18th
January 1809, Vice-Admiral
Sir Pulteney Malcol m,G. C. B. ,
and died 19th November
1830.
Anne, who was killed
carriage accident on
August 18.'i0.
XXII.— 3. William
Buller Fuller-
ton, fifteenth
Lord Elphin-
stone, and first
Lord Elphin-
stone IN THE El-
phinstone and
Carberry line.
[Vhhpogel.]
Edward Charles
Eli'Iiinstone,
born 17th Novem-
Ijcr 1832. Captain
late 92nd Highlan-
ders. He married,
5th May 1859,
Elizabeth Har-
riette, youngest
daughter of the
Right Hon. Sir
George Clerk,
Bart., and has
issue two sons and
two daughters.
John Frederick El-
PHINSTONK, born in
1838, lieutenant-colo-
nel Scots Fusilier
Guards. Died 22nd
November 1874, un-
married.
George James Eij-hin-
STONK, born 1841,
married, 1868, Annie,
daughter of Rev. John
Macintyre, LL. D. He
died on 1st March
1879.
Gertrude, m.arried, 16th April 1850, J.ames
Hope, Esquire of Belmont, county of
Edinburgh. She died 29th March 1S94.
Clementina Fleming, married, 8th April
1858, Lieutenant Colonel Douglas Jones,
who died 1879, s.j).
Anna Maria, married, 4th March 1857,
Thomas Henry Montgomery, E.squire, late
captain 42nd Highlanders, who died 1879,
leaving issue two sons and a daughter.
Elizabeth Mary, married, 17th January
1860, the Very Rev. J. F. Montgomery,
D.D., Dean of Edinburgh, who died on
21st September 1897, s.p.
Charles James Elphinstone, born 14th August
1860. Died at Cannes 14th January 1868.
George Keith, born
nth May 1865.
THE LORDS ELPHINSTONE OF ELPHINSTONE AND C2S.RBERBY—{amtinued.)
XXII.— 3. WILLIAM BULLER FULLERTON, fifteenth LORD ELPHINSTONE, and first Lord Elphinstone
OP THE ELPHINSTONE AND CaRBEERY LINE. BORN 18TH NOVEMBER 1828. ENTERED THE NaVY IN EARLY
youth, serving for a timk in the "illustrious," the flagship of his cousin, admiral sir charles
Adah, K.C.B. He was raised to the rank of Lieutenant in 1848, and of Captain in 1856. Lord
elphinstone was engaged in active service in various parts of the world, especially in china, the
Baltic, the Crimea, and South America. On the death of his cousin, John Fleming, on 13th
January 1861, he succeeded as fifteenth Lord Elphinstone. He was elected a representative peer
IN the year 1868, AND continued in that capacity till his creation as a peer of the United Kingdom
ON 30th December 1885. He represented the Admiralty in the House of Lords in Lord Beacons-
field's administration. Lord Elphinstone married, on 16th June 1864, Constance Euphemia Woronzow,
second daughter of Alexander Edward, sixth Earl of Dcnmore. He died on 18th January 1893.
He had issue three sons and two daughters. I
JAMES DRUMMOND, MASTER
OF ELPHINSTONE, liorn 15tli
April 1865, second lieutenant 3i\l
Battalion Gordon Highlanders.
Died 9tU November 1890, in the
lifetime of his father.
XXIIL — SIDNEY
HERBERT, six-
teenth LORD EL-
PHI N S T 0 N E,
lioRN 27ti! July
1869. Educated
at Marlborough
College, Suc-
ceeded his Fa-
ther ON 18tu
January 1893,
as sixteenth
LORD.
Mountstuart
William
Elphinstone,
born 5th
March 1871.
Constance Lothian.
bom 5th October 1873!
Died I8th March 1895.
THE CONNECTION OF THE EAKLS OF WIGTON, MARISCHAL
AND KINTOKE, WITH JOHN, ELEVENTH LOKD ELPHIN-
STONE.
William, sixth Eabl Marisohal.
I
William, George,
SEVENTH Earl eighth Earl
Mabischal. Marisciial.
Hon. Sir John, created Earl of Kintore, '26tli .Time 1677. He eutailed his
Robert Keith, title and estates, 22ud Fcl.iruary 1604, to liiiiiself and the heirs-
died unmarried. male of his body, whom failing, to tlie lit-ir.s-male of his
brother, George, eighth Earl JUarischal, wliom failing, to the
heirs-female of his own body. I
William, ninth
Earl Marischal.
I
George, tenth and last Earl Mari-
schal. Besides possessing the Mari-
schal estates, he inherited in 1761 the
Kintore estates, but he refused to have
a clause inserted in an Act of Parliament
to enable him to inherit peerages. He
died 23rd May 177S, unmaiTied. Tlie
Kintore estate and title being entailed
devolved on Anthony Adi-iaii, eighth
Lord Halkerton.
John, sixth
Earl of
Wigton.
They had
John, third Earl op Lady
Kintore, died 23rd Catherine
William, fourth Earl
OF Kintore died 22nd
Novemlier 1761. His
title and estates de-
volved on George,
tenth Earl Marischal.
Margaret,
married
David, fifth
Lord
Halkerton.
Lady
Jean,
died un-
married.
John, eleventh Lord Elhinstonb, who, on the death of Georg
tenth Earl Marisohal, in 1778, inherited the residue
of his property.
Alexander, sixth Lord Halkerton.
William, seventh Lord Halkerton.
Anthony Adrian, eighth Lord Halker-
ton. He succeeded to the title and estate
of Kintore on the death of George, tenth
Earl Marischal, in 1778.
MEMOIRS
OF THE
ELPHINSTONES, LORDS ELPHINSTONE.
FROM THE THIRTEENTH CENTURY.
I. — John de Elphinstone, first Known Pkogenitor of the
ELPHINSTONE FAMILY.
c. 1200-1250.
John de Elphinstone is the earliest member of the Elphinstone family
whose name is recorded in authentic documents. He flourished in the
reigns of King William the Lion, King Alexander the Second, and King
Alexander the Third, or at least during the time of the two last of these
sovereigns. He appears without the surname of Elphinstone, which at
this early period had not been adopted by the family. He is designed
" John de Elphinstone," however, which shows that the lands of Elphinstone
or a part of them, were, in his time, in the possession of the family.
The first mention of John de Elphinstone is as a witness to a grant by
Roger de Quincy, Earl of Winchester in England, and successively justiciar
and constable of Scotland, to the monks of Dryburgh Abbey, of the wood of
Gladswood.i The charter, which is undated, must have been granted between
1233, when, upon the death of Alan, lord of Galloway, constable of Scot-
land, Roger de Quincy, his son-in-law, was appointed to that office, and
' Registrum de Dryburgb, p. 99. The witnesses to this charter are not given in the print
by the Bannatyne Club, but Crawford, who saw the original cartulary, gives John de Elphin-
stone as one of them.
VOL. I. A
2 JOHN DE ELPHINSTONE, FIRST KNOWN PROGENITOR, C. 1200-1250.
1264, when Eoger de Quiucy died. The year 1250 may be suggested as the
date of the charter.
John de Elphinstone also witnessed a charter by Gilbert de Haya to the
abbey of Coupar in Angus. This grant is dated in 1250.^
John de Elphinstone was apparently father of a son of the same name.
II. — Me. John Elphinstone, c. 1250-1265.
This second ancestor of the family is recorded to have been present as
a witness to transactions which took place in the middle of the thirteenth
century. Sir William of Lewyngston, knight, lord of Gorgyn, now called
Gorgie, near Edinburgh, after he had inspected it, confirmed a charter
granted by his predecessor. Sir Fergus Cumyne, knight, lord of Gorgyn,
giving to the house of the Holy Eood of Edinburgh, and canons there, power
to construct the dam of their mill of Salchtoun (Saughton) across the Water
of Lyeth (Leith) upon his land of Gorgyn ; and to hold and use it for ever.
The confirmation of the charter is dated, the Thursday after the Annuncia-
tion, 31st March 1328. The charter itself, to which Fergus Cumyne, the
granter, attached his seal, is narrated in the confirmation. The witnesses
to the charter are Sir William of Lysuris, constable of Edinburgh Castle,
or as it is called in the deed, Castrum Puellarum, Serlo of Seton, and
Alexander, his son, Mr. John of Elfyngstoun, Hugh of Dudyngstoun,
Thomas of Bennachetyne, then steward of the abbot of Holy Eood, Patrick,
son of Symon, Eichard of Striuelyn, and William, son of William, son of
Bartholomew, burgesses of Edinburgh. The charter is undated, but appears
from the witnesses, Serlo and Alexander of Seton, and others, to have been
granted about the year 1260 or 1265.^
1 Book of transcripts of Charters by Mr. often referred to by writers as of high
Walter Macfarlane of Macfarlane, in the authority.
Atlvocatea' Library, Edinburgh. The col-
lection of charters made by Macfarlane is - Charters of Holyrood, pp. 75-77.
JOHN OF ELPHINSTONE TAKES THE OATH OF FEALTY.
III. — John of Elphinstone, 1296-c. 1340.
John of Elphinstone was one of the prominent persons compelled by the
successes of King Edward the First of England to swear fealty to that
sovereign. On 10th July 1296, at Brechin, John Baliol, King of Scotland,
resigned his kingdom into the hands of King Edward. The tendering of
allegiance to the English had already begun, as on the same day,
at Montrose, John Comyn, Earl of Buchan, in presence of the King of
England, renounced the league with France and swore fealty to Edward.
On the day following, or the 11th of July, Sir John le Botilier and Sir
Nicholas de Eotherford, knights, and Ealph de Eglinton, Thomas de Win-
cester, John de Elfingstone, Fergus le Mareschal, and Godfrey de Ardrossan,
all separately took the same oath of fealty, probably also in presence of
King Edward.^
In his submission, which was given at Montrose, and is drawn up in
Norman French in the usual form and sealed by him, and which is still
preserved, John de Elphinstone promised and swore upon the holy evangels
to be loyal to King Edward and his successors against all men.^
The seal of John of Elphinstone appended to this formal submission is
thus described : — " On tag, green wax ; a shield charged with a boar's head
couped, turned to sinister ; in chief a fleur-de-lys " ; legend, " S. Johannis de
Elphinstun."^
This ceremony of taking the oath was on the part of John of El^jJiinstone
repeated a month later at Berwick-on-Tweed on 28th August 1296. Indeed,
the oath seems to have been imposed shire by shire. Amongst others who
there and then joined in taking it were Johan de Haukerstone, William le
Fraunceys, Johan de Elfinstone, Wautier de Congeltone, del counte de Edne-
' Calendar of Documents relating to Scotland, by Joseph Bain, vol. ii. pp. 194, 195.
- Palgrave's Documents and Records illustrating the History of Scotland, p. 171.
'■' Bain's Calendar, vol. ii. p. 181, No. 773.
4 JOHN OF ELPHINSTONE, 1296-f. l.SiO.
burke.i At the same place and on the same date, " Aleyn de Elfinestone,"
of the county of Berwick, gave his oath of fealty .^ He may have been a
brother of John of Elphinstone, but this is uncertain. The part which John
of Elphinstone took in the wars of the succession cannot be discovered ; but
as he succeeded in keeping possession of his estates, there can be no doubt
he adhered to the interests of King Robert the Bruce and his son, David
the Second.
The only other known record of John of Elphinstone is as a witness to
several charters granted at different dates. One of these writs in which he
appears in this character is a charter by James, lord of Douglas, to Eoger of
Moray, of his lands of Eala. The charter is written at Neubotle, and is
dated 1st September 1321. Along with Alexander de Setoun and other
witnesses, his name is given as " Johanne de Elfinestoun." ^
Another and later charter in which John of Elphinstone appears as a
witness is one by Christiana Byseth, lady of Clerkynton, near Kerinton, in
Lothian, who granted to the church of Feubotle and the monks there the
right of patronage of her church of Clerkyutun. The charter is authenti-
cated by the seal of John, abbot of Holyrood of Edinburgh, and the
witnesses are neighbouring proprietors, William and Laurence of Abyrnethy,
William of Leuyngistoun, Alexander of Setoun, knights, Eobert of Fawusid,
Radulph of Cranistoun, Henry of Edmoundistoun. John of Elphingistoun
is placed next before Robert of Fawusid. The charter is dated at Neu-
botle, 4th June 1338.*
John of Elphinstone is again a witness to a grant by William of Leuyng-
ston, knight, to the monks of Neubotle and to their men dwelling on their
' Bain's Calendar, vol. ii. p. 203. From inference is that they refer to the same John,
the fact that the seal apparently of this John who it may thus be concluded took the oath
de Elfinstone is said to be in a tray {ibid. p. of fealty twice.
557, No. 559), and the seal already described 2 //„;,/. p 206.
to be attached to the tag of the Submission, ^ The Douglas Book, by Sir William
and also from the consideration that the de- Fraser, K.C.B., vol. iii. pp. 356-7.
scription given of both seals is identical, the * Cartulary of Neubotle, p. 293.
ALEXANDER OF ELPHINSTONE AT STIRLING CASTLE. 5
lands of Estyr Kragh of Gorgyne, of freedom to his mill of Gorgyue, with
room, next after his own dominical grain, without payment of multure, save
a firlot in the chalder to the miller. The charter is dated at Neubotle, 3rd
March 1338-9. Sir John, abbot of Holyrood, Sir Alexander of Seton, Sir
David of Wemys, and others, friends and neighbours of John of Elphin-
stone, are witnesses along with him to that charter.^
John of Elphinstone married Marjorie Erth, heiress of Erthbeg or Little
Erth, and acquired with her the earliest possessions of the family in
Stirlingshire. These lands formed the nucleus of the barony of Elphinstone
in the county of Stirling, which a century and a half later became for
many generations the residence of the descendants in the main line of
John of Elphinstone and Marjorie of Erthbeg.
John of Elphinstone died about the year 1340.
IV. — Alexander of Elphinstone, son of John of Elphinstone,
THE THIKD OF THAT NAME,
c. 1340-c. 1363.
In his early life, and before his succession to the Elphinstone estates,
Alexander Elphinstone appears to have gone to Stirling, the shire to which
his mother belonged, and there joined the garrison in Stirling Castle, then
held by the English. In the compotus of Sir Thomas de Kokeby, English
warden of the castle of Stirling for the years 1336 and 1337, Alexander de
Elfynstone appears as one of eighty esquires, probably meaning horsemen,
who with eighty archers and others formed the garrison, and received pay-
ment for their services as such. If the Alexander de Elphinstone here
mentioned can be identified as the subject of this memoir, he must have
ceased soon after to be an English partisan. His name does not occur in
' Cartulary of Neubotle, pp. 34, 35.
6 ALEXANDER OF ELPHINSTONE, c. 1340-f. 1363.
another list of the English garrison in Stirling Castle made for the years
1339 and 1340.i
Alexander of Elphinstone must have succeeded to his father, John de
Elphinstone, in his landed possessions about the year 1340, as the latter was
alive on 3rd March 1338-9, when he witnessed a charter, as shown in his
memoir; and he is mentioned as the deceased John of Elfingestoun in a
grant the date of which, as will be shown, cannot be later than 1341.
In the short interval between the date of his father's death and that of
the grant in question, Marjory Erth, his mother, must also have died. This
is indicated in the grant where she is mentioned as the late Marjory, and
where it is narrated that, in her free widowhood, she had of her own free
will, by staff and baton, resigned to Sir Thomas of Erth, her overlord, at
his full court at Erthbeg, the land and pertinents in the tenement of
Erthbeg which belonged to her.
Immediately upon his succession to his father, Alexander of Elphinstone
received a charter from Thomas of Erth, lord of Walughtoun, of the lands
resigned by his mother in the manner described. The lands were granted
to him to be held by him and the heirs of his body, of the granter and his
heirs, in fee and heritage, with the fishing of Qwikslykis, and with pasture
of six horses in the isle of Erth, and with common pasture, free ish and entry,
for a pound of cumin at the feast of St. Ethot, at Erth yearly. To this
charter Sir Eobert of Lawedre, justiciar of Lothian, Sir Malcolm Pleming,
Sir Walter, son of Gilbert, knights, and Keginald More, then chamberlain of
Scotland, John of Calenter, and William of Munghale, clerk, are witnesses.^
The charter is undated, but it must have been granted in or before the year
1341, when Eegiuald More, chamberlain of Scotland, one of the witnesses
to it, died.
Alexander de Elphinstone added to the lands in the possession of the
» Bain's Calendar, vol. iii. Nos. 1241, 1323. The castle of Stirling was surrendered to the
Scots in 1342. 2 Original charter in Elphinstone charter-chest.
SUCCESSION OF ALEXANDER OF ELPHINSTONE, LORD OF THAT ILK. 7
Elphinstone family. He received iu fee and heritage from Sir Godfrey de
Koos, lord of Kythumbre, the lands of Kythumbre, in the barony of Stan-
hous.^ The charter conveying the lands is not preserved, and therefore the
particulars of the transaction are not known.^
Alexander of Elphinstone died before the year 1363, and was succeeded
by his son.
V. — Alexander of Elphinstone, Lord of that Ilk,
c. 1363-f. 1370.
Alexander of Elphinstone is the earliest of the family who is known to be
styled " dominus ejusdem," or lord of that ilk. In a charter granted by him
to be here referred to, he adverts specially to his tenement of Elphinstone
in connection with the warrandice of part of his lands of Erthbeg. His
style and designation as lord of Elphinstone show that he was then in the
unquestioned possession of the ancient patrimonial estate of Elphinstone in
East Lothian, while continuing to possess the heritage of Erthbeg in Stir-
lingshire.
The date of his succession to his father cannot be precisely ascertained.
However, it occurred previous to 4th June 1363, when King David the
Second confirmed a charter granted by him. The confirmation of the king,
which is dated at Edinburgh, has engrossed in it a copy of the original
charter, the earliest that has been discovered granted by any member of the
1 Register of Great Seal, vol. i. p. 27. of any other lands he had in Scotland. On
There were lands of Stanhouse in Stirling- 25th April 1344 a petition was presented to
shire, iu close neighbourhood to Airth, but King Edward the Third of England by God-
the barony of Stanhouse here mentioned must fray de Roos and William his brother, " fitz
be identified with the barony of Stanhouse eiguez" of Sir Godfray de Roos, knight,
in the parish of Stonehonse in Lanarkshire, killed in his service in Scotland, who had lost
and the modern name of Kythumbre is 600 marks land there, praying the king for
Kittymuir in that parish. aid, who on 6th July granted them 12d. a
- Sir Godfrey de Roos adhered to the Eng- day each till they recovered their Scottish
lish and King Edward Baliol of Scotland, an lands lost for his allegiance. [Bain's Calen-
alliance which cost him his life and the loss dar, vol. iii. Nos. 1432, 1435.]
8 ALEXANDER OF ELPHINSTONE, LORD OF THAT ILK, C. 1363-C. 1370.
family of Elphinstone. This latter fact gives it an interest which warrants
a full and particular statement of its contents being given. Beginning in
the common phraseology, the charter states that Alexander of Elfynyston,
lord of that ilk, gave and confirmed to Alexander More, son of the deceased
Sir Adam More, knight,^ in excambion for a certain piece of land in Erthbeg,
which the granter formerly had, and for a certain sum of money paid to him
beforehand, his whole land of Kythumbre, with the pertinents, in the barony
of Stanhous, which Sir Godfrey of Eoos, sometime lord of the same, had
given in fee and heritage to Alexander of Elfynyston, the father of the
granter. The lands now given to Alexander More were to be held by him
of the granter, his heirs and assignees, as freely and peaceably as he or his
father held them. A special provision of the charter is, that if the lands of
Kythumbre, by way of law, or any other process, should be recovered,
whereby Alexander More, his heirs and assignees, could not enjoy them, the
granter binds himself, his heirs and assignees, to redeliver to Alexander
More, his heirs and his assignees, " so much land in my holding of
Elfynyston " — " tantam terram in tenemento meo de Elfynystona " — as the
lands of Kythumbre anciently were used to be wortli. The charter also
warrants the lands against all men and women. It is undated, but was
probably granted about the date of the royal confirmation in 1363.
Alexander Elphinstone, lord of that ilk, was succeeded by his son.
' The family here referred to are the member of the family, married in 1.348
Mores or Muirs of Rowallan. Reginald Robert, the High Steward, afterwards King
More, the chamberlain of Scotland, men- Robert the Second. Sir Godfrey of Roos,
tioned in the preceding memoir, was a mem- mentioned above along with Sir Adam More
ber of this family, and possessed large estates and Alexander More, was connected with this
in the Lothians and Stirlingshire. Elizabeth family, having married Elizabeth, daughter
More, daughter of Adam More, another of Gilchrist More.
SIR WILLIAM ELPIIINSTONE MADE A KNIGHT.
VI. — Sir William Elphixstone of Elphinstone, Knight.
c. 1370-c. 1390.
Sir William Elphinstone was the first member of the Elphinstone family,
so far as is known, who was raised to the dignit)' of knighthood. In the age
to which he belonged, such an honour was usually bestowed for prowess in
actual warfare. He appears to have followed the banner of Sir William
Lindsay of Byres, and we may suppose that under his leadership Sir William
Elphinstone won his spurs in some of the inroads into England, such as
Chevy Chase, described in the pages of Froissart, the well-known chronicler ;
or in the work of defence when the English in turn invaded Scotland.
There is only one instance, so far as ascertained, in which Sir William
Ephinstone's name is mentioned in charter records. Tiiis is a charter by
William of Lyndesay, lord of Byris, knight, in which he bestowed npon his
well-beloved cousin, William of Elfinistoun, son and heir of the deceased Sir
William of Elfinystoun, " our knight" (militis nostri), for his homage and
service, and for his having continued in his retinue during his whole life, all
his lands of Pettyndrech, with the pertinents, in the shire of Stirling. The
lands were to be held by William and tlie heirs male of his body, whom
failing, by Alexander of Elfinistoune, brother of William, and the heirs male
of his body ; whom failing, by Norman of Elfynistoun, brother of William,
and the heirs male of his bod}'; whom failing, by James of Elfynistoun,
brother of William, and the heirs male of his body; whom all failing, by the
lawful heirs of William whomsoever; of the granter and his heirs or
assignees, lords of his lands of Drem, in the sheriffdom of Edinburgh and
constabulary of Haddington, in fee and heritage for ever. Tlie reddendo Ijy
William and the heirs of his body and of entail, to the granter and his heins
or assignees, is a common suit at his courts to be held at Drem, with wards,
reliefs, and marriages, when they happened. The charter reserves the frank-
tenement of the lauds, with their profits, to Sir William Lyndesay for his
VOL. I. B
10 SIR WILLIAM ELPHIXSTON'E OF ELPHINSTONE, KNIGHT, C. 1370-c. 1390.
lifetime, who promises for himself, and binds his heirs and assignees, to per-
sonally fulfil for the lands of Pettyndrech, to the king, the services due
and wont, and also to exonerate William of Elphinstone and his heirs above
named to the king for these services. In the event of the granter's heirs or
assignees refusing to do this, it was then to be lawful for William and his
heirs to swerve from the granter's lieirs or assignees for ever, and to call
upon the king to be their lord superior, and to hold the lands of him in chief.
The granter appends his seal to the charter, which is witnessed by Walter
and Dougal, bishops of St. Andrews and Dunblane, and by Kobert, Duke of
Albany, Earl of Fife and of Menteth, Archibald of Douglas, lord of Galloway,
David of Lyndesay of Craufurde, earls ; Thomas of Erskene, lord of that ilk,
George of Lesly, lord of Eothes, knights ; Andrew of Lyndesay and Walter
of Bykyrtoune. The charter is not dated, but the precept of sasiue follow-
ing, which is usually of the same date as the charter, is given at le Quaralle,
6th September 1397. The charter is engrossed in a confirmation of it given
by Murdac, Duke of Albany, Earl of Fife and of Menteth, governor of
Scotland, on 4th March 1423-4.1
The lands of Pettyndreich conveyed in the charter are situated near the
Bridge of Allan, in the county of Stirling, and are now sometimes called
Pendreich.2
The name of Sir William Elphinstone's wife cannot be discovered from
any of the writs preserved in the Elphinstone cliarter-chest. Still, a docu-
ment exists which indicates a matrimonial connection with the family of
1 Original confirmation in Eli)liinstono to Sir William of Lyndesay, knight, the lands
charter-chest. of Petyndreych, in the shire of Stirling,
which were resigned by William of Keth
" Pettyndreich came into the possession of and Margaret Eraser, his spouse, on 29th
Sir William Lyndesay of the Byres by an ex- June 1393. [Lindsay Peerage Case and
cambion made by him with Sir William . Evidence, p. C] After holding them for
Keith, great marischal of Scotland, and four years, Lyndesay made them over to his
Margaret Eraser, his wife, dated Sth Marcli cousin, William of ElGrdstoun, sou of the
1392-3. King Kobert the Third coulirmed siiliject of this memoir, as above described.
MARKIAGES WITH THE LESLIES OF ROTHES, 1 1
Leslie. Sir George Leslie, kniglit, the ancestor of the Earls and Duke of
IJothes, is said by peerage writers to have had a sister, Mary Leslie, whose
husband was named Elphinstone. In Martin of Clermont's Manuscripts, in
the Advocates' Library, Edinburgh, reference is made to a contract of
marriage between Mary, sister of George de Leslie, dominus de Eothes, and a
gentleman of the name of Elphinstone.^ This Elphinstone, it may be sur-
mised, is Sir William Elphinstone himself. The dates agree better with a
marriage between him and Mary Leslie than between her and any of his four
sons, William, Alexander, Norman, or James. One of Sir William's sons
was named Norman, which adds to the probability of this surmise, because
Norman was a favourite name with the Leslies of Eothes. The same
authority makes reference to another contract, made at Cupar in Fife, 26th
April 1392, between Sir George of Leslie, knight, lord of Rothes, and
Heliseus of Kynnynmonth, son and heir of the late Alexander of Kynnyn-
month, lord of that ilk, for the marriage of Heliseus with Elizabeth of
Elphestoun, niece of Sir George. An ancient copy of the indenture, certified
in 1603, and preserved in the Elphinstone charter-chest, is sufficient evidence
that Elizabeth Elphinstone was a daughter of the house.^ Sir George Leslie
is a witness to the charter by Sir William Lindsay of the Byres in 1397
to William Elphinstone, son of Sir William.
Sir William Elphinstone was succeeded by William Elphinstone, the
of his four sons.
VII. — William of Elphinstone, Lokd of that Ilk, son of
Sir William Elphinstone, Knight, c. 1390-c. 1421.
William of Elphinstone succeeded his father. Sir William of Elphinstone
apparently about the year 1390, as two years later Elizabeth Elphinstone,
who is presumably the daughter of Sir William of Elphinstone, was given awny
' Historic.il Eccords of the Family of Leslie, vi.l. ii. p. 5.
- Copy indenture in Elphinstone charter-chest.
12 WILLIAM OF ELPHINSTONE, LORD OF THAT ILK, C 1390-f. 1424.
ill marriage, not Ly her father, who may thus be supposed to have been dead,
but by her maternal uncle. Sir George Leslie, lord of Eothes.
Peerage writers only refer to one William of Elphinstone, whom they desig-
nate Sir William de Elphinstone. The existence of William of Elphinstone,
his son, the subject of this memoir, has hitherto been unknown. This has
led to confusion : Sir William, the father, being made the grantee of the
charter of William of Lindsay, lord of Byres, of 1397, instead of William
of Elphinstone, his son ; and Alexander, Norman, and James, the brotliers of
William, are made the brothers of Sir William of Elphinstone instead of his
sons. The charter of 1397, however, establishes the existence of both Sir
William of Elphinstone, the father, and William of Elphinstone, the son.
William of Elphinstone, as rehearsed in the memoir of his father, received
from his cousin, Sir William of Lindesay of the Byres, knight, a charter of
the lands of Pettindreich, for the good service which his father. Sir William,
had rendered to Lindsay, as a special retainer. In the precept for infeft-
ment of Elphinstone in the laud.s, he is styled by Sir William Lindsay,
his dearest kinsman (consanguineo), William of Elfynystoun, lord of that
ilk. He is a witness to a charter by Sir William of lands to the chapel of
St. Mary of Drem, c. 1412.i
The confirmation of the charter of Pettindreich was deferred till the
regency of Murdac, Duke of Albany, governor of Scotland, who granted a
formal ratification of it on 4th March 1423-4. In the long interval
between the date of the original charter of 1397 and the ratification of it
in 1423-4, Sir William Lindsay, the granter, had died. William of Elphin-
stone, the grantee, however, was alive at the date of the ratification.
The name of the wife of this lord of Elphinstone has not been ascer-
tained. He left issue three sons : —
1. Sir Alexander Elphinstone of Elphinstone, kniglit, who was killed at the battle
of Piperdean, and of whom a memoir follows.
' Memorials of the Earls of Haddington, vol. ii. pp. 227-8.
SIR ALEXANDER ELPHINSTONE AT THE BATTLE OF PirERDEAN. 13
2. Henry Elpliinstoue of Pittendreioh, who carried on tlie male line of the family,
and of whom a memoir follows.
3. Mr. William Elpliinstone, canon of Glasgow and archdeacon of Teviotdale.
He was fatlier of the famous William Elphiustone, bishop of Aberdeen. He
died on 30th June 1486.
VIII. — 1. Sill Alexander Elphinstone of Elphinstone, knight, Lord of
THAT Ilk, son of William of Elphinstone, Loed of
THAT Ilk. c. 1424-1435.
The date when Sir Alexander Elphinstone sncceeded his father, William
of Elphinstone, cannot be given, but it could not have been earlier than
1424, when his father, as shown in his memoir, was still alive. He does
not figure,, so far as ascertained, in any of the charter records of his time,
either as a witness or otherwise. He is mose known from his death than
his life, in which connection his name has been handed down on the pnge
of Scottish history.
When King James the First of Scotland returned from his captivity
in England, a seven years' truce between the two countries was agreed
upon. That period having expired, the truce was renewed, this time to
endure for five years from 1st May 1431. Before this last term had
expired, the truce was infringed by the English. Henry Percy, son of the
Earl of Northumberland, crossed the Border with an army of four thousand
men, and, marching northward through Berwickshire to the parish of
Coldingham, he ravaged the country about Hatton and Paxton on the way
until he arrived at Piperdean, which is situated in the barony and parish of
Coldingham. William Douglas, second Earl of Angus, who was one of
the twelve conservators of the truce and keepers of the marches towards
England, and also warden of the Middle Marches, hastily took measures
to resist the invaders. With the assistance of Sir Alexander Elphinstone
of Elphinstone, Sir Adam Hepburn of Hailes, Sir Alexander Piamsay of
14 SIR ALEXANDER ELPHINSTONE OF ELPniNSTONE,KNIGHT,r. 1424-1435.
Dalliousie, and a body of chosen men, Angus overtook Percy and liis forces
at Piperdean. A conflict followed, and, after a severe contest, in which both
sides lost considerably, victory favoured the Scots. Sir Alexander Elphin-
stone, however, was among the slain. He was the most eminent person on
the side of the Scots who fell in the battle. Fifteen hundred of the English
were taken prisoners. The victory achieved by Angus has been chiefly
ascribed to the valour of Alexander Elphinstone. Buchanan in his account
of the battle, although confusing his name with that of Johnstone, his son-in-
law, describes him as a Scottish nobleman of approved valour.^ The battle
of Piperdean took place 6n 10th September 1435. ^
The death of Sir Alexander Elphinstone of Elphinstone led to results
unfortunate to the Elphinstone family. He was survived by Agnes Elphin-
stone, his only child.^ As heir of line she claimed the territorial possessions
of her father. Henry Elphinstone, the brother of Sir Alexander and uncle
of Agnes, as heir male, also claimed them. The dispute continued for thirty-
five years, when both parties submitted it to arbitration. In 1476, in the
reign of King James the Third, David, Earl of Crawford, James, Lord
Hamilton, and William, Lord Monypenuy, were chosen arbiters, and in a
decreet arbitral, assigned to Agnes Elphinstone the estate of Elphinstone in
East Lothian, the lands of Nether Malgask in Eife, and the lands of Lcneye,
near North Berwick. To Henry Elphinstone were assigned the lands of
Erthbeg, Pittendreich, Chapelside, and Strickshall in Stirlingshire and all
other lands then in his possession. The decreet was signed by James, Lord
Hamilton.
Agnes Elphinstone married Gilbert Johnstone, son of Adam Johnstone of
' Buchanan's History of Scotland, Aik- the date of the battle. Pinkerton, founding
man's edition, vol. ii. p. 111. upon correspondence between King James and
2 The battle is chronicled by Bower, Boece, Henry, King of England, now in the British
Bnch.inan, and Sir James Balfour, and also Museum, London, says it was 14.35.
by I'inkerton anil other later writers. Their
accounts vary in many important particulars. ' There is a tradition that she was his
Bower and Sir James Balfour name 14,'JC .is posthumous daughter.
MARRIAGE OF AGNES ELPHINSTONE WITH GILBERT JOHNSTONE. 15
Johnstone in Annandale, who, by this marriage, obtained possession of the
Elphinstone lauds in East Lothian. He and his descendants thereafter
assumed the name and designation of Johnstone of Elphinstone. This
Gilbert Johnstone was, on his mother's side, connected with the family of
Seton, Lords Seton. The romantic marriage of his mother, Janet Seton, with
Adam Johnstone of Johnstone, is related by Maitland of Lethington, who
was himself by marriage connected with the Seton family. She was the
widow of Sir William Seton, son of Sir John Seton of Seton, and also the
mother of George, first Lord Seton. "When Adam Johnstone solicited her
hand in marriage, she appears to have stipulated that he would deliver her
sou George, Lord Setou, from William, Lord Crichtou, who was then detain-
ing him in the castle of Edinburgh. The sister of George was heir to
the Seton estates failing heirs through him, and this made his mother
more concerned for his safety. Adam Johnstone succeeded in conveying
George Seton secretl}'^ to his castle of Lochwood in Annandale, and thus
obtained his mother as his wife. Of the children of this marriage, Gilbert
Johnstone was the second son. He was thus brother on his mother's side to
George, Lord Seton. It was from the latter, as superior of the lauds of
Elphinstone in East Lothian, that he received Agnes Elphinstone in
marriage.!
This arrangement brought about by the decreet arbitral already mentioned
deprived the heirs male of the Elphinstone family of their earliest patrimonial
inheritance, and transferred their interests more exclusively than before from
East Lothian to Stirlingshire.
Sir Alexander Elphinstone of Elphinstone was succeeded in the male
representation of his family of Elphinstone by his brother, Henry
Elphinstone.
' TUe History of the House of Setou, by Sir Richard Maitlaud, 1S29, p. 32.
10 HENRY ELPHINSTONE OF PITTENDKEICn, U35-U77.
VIII. — 2. Henuy Elphinstone, heir male of the Elpiiinstones of
ELrHINSTONE IN EaST LOTHIAN, AND ANCESTOR OF THE
Elphinstones of the Barony of Elphinstone in
Stirlingshire, and Lords Elphinstone.
1435-1477.
The previous lairds of Elpliinstone all took the territorial designation of
their ancient and earliest landed possession of Elphinstone in East Lotliian.
By the decision of the arbiters in 1471 which gave to Agnes Elpliinstone, only
child and heiress of Sir Alexander Elphinstone of Elphinstone, the possession
of these lands, and thereby conveyed them to Gilbert Johnstone, ancestor of
the Johnstones of Elphinstone, a new departure had to be taken with refer-
ence to the family designation. Pittendreich, in Stirlingshire, was now, in
their altered circumstances, the principal estate belonging to the family of
Elpliinstone; and Henry Elphinstone therefore styled himself of Pittendreich.
But the family of Elphinstone were reluctant to lose their ancestral designa-
tion, and soon after, in 1503, Sir John Elphinstone, the grandson and
successor of Henry Elphinstone, had his whole lands in Stirlingshire and
Perthshire erected into a barony which he called the barony of Elphin-
stone. This enabled him and his long line of successors to be known, as in
the past, as the Elphinstones of Elphinstone, and subsequently as the
Elphinstones Lords Elphinstone. Henry Elphinstone, being the first repre-
sentative of his family after the severance from them of Elphinstone in East
Lothian, became the progenitor of this line.
Soon after his brother Sir Alexander's death at Piperdean and his succes-
sion to him in the male representation of the family, as shown in the previous
memoir, he was involved in a long dispute with his niece, Agnes Elphinstone,
as to their respective interests in the family estates, with the result above
stated. Erthbeg, Pittendreich, Chapelside, Strickshall and others, were the
lauds now owned by the Elphinstuuc family.
AT THE SIEGE OF EDINBURGH CASTLE, H45. 17
Although there is not much of the history of Henry Elphiiistone known,
there are indications that he led an active and public life. In the accoi\nt
for Edinburgh at the Exchequer from 17th June 1444 to 9th July 1445, the
following entry occurs : —
•''And by delivery made to Henry of Elpbinstone by command of the captain
allowing his command upon the account iiij lib., xvj s. viii d.''^
The captain mentioned was the captain of Edinburgh Castle, and the
entry is one of a series arising out of the siege of that castle in 1445,
although it does not show in what respect Henry Elphinstone was connected
with the siege. The entry immediately preceding the one just quoted, is a
payment for lances for the king's use ; and the one following is a payment
to David Hervy for leaving the castle of Edinburgh and coming to the king.
From these and other entries, it is probable that Henry Elphinstone was
acting with the king and with William, eighth Earl of Douglas, who had
complete ascendency over him. James the Second was in his minority,
and Chancellor Crichton distrusted Douglas who had succeeded in depriving
him of the royal favour. Fearing the vengeance of Douglas for the death of
William, sixth Earl of Douglas, Crichton resigned the chancellorship and
withdrew from the court. He, however, retained his position as governor of
Edinburgh Castle, and retired into it for safety. Instigated by Douglas the
king first summoned him for treason, then forfeited him as a traitor, and
lastly besieged him. At the end of nine weeks, terms favourable to
Crichton were arranged, upon which he surrendered and was restored to the
king's favour.
Another instance occurs of Henry Elphinstone appearing in public life.
In February 1471-2, we find on the sederunt of the parliament of Scotland,
which sat on the 17th and 20th of that month, the name " Elphinstoun,"
among the barons.^ This also points to Henry Elphinstone of Pittendreich
> Exchequer Eolls, vol. v. p. 181.
2 Acts of the Farliameuts of Scotland, vol. ii. p. 102.
18 HENRY ELPHINSTONE OF PITTENDREICII, H35-1177.
taking an active interest in the affairs of the country at this time. It is the
earliest recorded appearance of a laird of Elphinstone in parliament.^
At this parliament the earldom of Orkney and the lordship of Shetland
were united to the Crown upon the footing that they were not to be given
away unless to one of the king's sons. King James the Third had at this time
a project to attempt the conquest of Brittany, Encouraged by France in the
undertaking, he had already arranged for the embarkation of 6000 men under
his own personal command on the expedition. The three estates now con-
sented to contribute 5000 pounds " to put thaim to the see." The project,
however, was not favourably entertained in the country, and strong, although
respectful remonstrances, in which the lords of the church led the way, were
made to the king. It was alleged that it subjected the realm to great peril
and inconvenience. For the love they had to his person, they urged the king
to forego his intended passage out of the kingdom at his tender age and at a
time when he had no issue of his own to succeed him on the throne. To
proceed as he proposed they urged was only to expose the country to his
old enemies of England. Other remonstrances were added to these.* The
advices thus offered to him and the abundant occupation he found in his own
country, were effectual in turning James from what was at the time an ill-
advised scheme.
At the close of 1477, Henry Elphinstone resigned in the hands of his
superior, John, Lord Lindesay of Byres, in favour of his grandson, John
Elphinstone, son and apparent heir of James Elphinstone, his lands of Pitten-
dreich, Erthbeg, and Stirckshaws, reserving to himself the liferent of the
two former of these. The lands were in three several charters conveyed to
John Elphinstone by Lord Lindesay. Tlie charters, which will be more fully
described in the memoir of John Elphinstone, are dated Gth November 1477.
• In the parliament which met on 6th May brother of Henry Elphinstone of Pitten-
preceding, Mr. William Elfinston, official dreich.
general, occurs on the aedenmt. This ^ Acts of the Parliaments of Scotland,
seema to be William Elphinstone, the younger vol. ii. pp. 102-104.
HIS CHILDREN. 19
Henry Elphinstone is said to have married Jean Cuuinghame, daughter
of the laird of Polmaise, He had issue three sons : —
1. James Elphinstone, of whom a memoir follows.
2. Lawrence Elphinstone of Selmys, who acquired the lands of Selmys in the barony
of Calderclear, and sheriffdom of Edinburgh, and became the founder of the
family of Elphinstone of Selmys.
3. John Elphinstone, bailie of Glasgow. He appears as witness to a charter
granted by Elizabeth Edmonston of Tulialon, daughter, and one of the heirs of
the late James Edmonston of Edmonston, knight, with consent of her husband,
Patrick Blacatir, to her sister-german, Margaret Edmonston, spouse of Walter
Ogilvy, of half parts of the lands of the thanedom of Boyne, and half part of an
annual rent of six merks out of the town and burgh of Banff, dated at Glasgow
25th February 1485. John Elphinstone is described as a bailie of Glasgow in
the charter.! jjig ggu JoJjq jg mentioned as one of the heirs of entail in the
cliarter of entail by John, Lord Lindesay of Byris, to John Elphinstone of Pitten-
dreich, of the lands of Pittendreich and others, dated 21st December 149G,
He is styled in the charter citizen of Glasgow. ^
IX.— James Elphinstone, Younger of Pittendreich, son of
Henry Elphinstone of Pittendreich.
Isabella Bruce, his Wife.
c. U50-C. H77.
James Elphinstone is mentioned in three charters as the son and heir
apparent and as the eldest son and heir apparent of Henry Elphinstone of
Pettindreich. These charters, which are by John, Lord Lindesay of Byres, in
favour of Sir Jolui Elphinstone, the son of James Elphinstone, of the lands of
Pettindrech, Erthbeg, and Stirckschaws, proceed upon the resignation of
Henry Elphinstone, and are dated 6th November 1477. As James died in
the lifetime of his father, the presumption raised by Henry Elphinstone
passing over his son James in the resignation in favour of John, his grand-
son, is that the former was dead before 1477, the date of the resignation.
» Kegiater of the Great Seal, vol. ii. No. 1G14. - lOkl. No. 2341.
20 JAMES ELPHINSTONE, YOUNGER OF PITTENDREICH, c. 1450-C. U77.
James Elpliinstone, younger of Pitteudreich, married Isabella Bruce, by
whom he had three sous: —
1. Sir John Elphinstone, knight, who succeeded him, and of whom a memoir
follows.
2. Alexander Elphinstone. In a note by Sir Lewis Stewart at the end of the con-
firmation by James, bishop of St. Andrews, to the foundation charter of the
Collegiate Church of the Holy Trinity and Hospital of the Poor, near Edinburgli,
it is stated by Sir Lewis that he had extracted the foundation from the register
given to him on loan by the town-clerk of Edinburgh, in presence of Alexander
Elphinstone and others named in the note, on 6th November l-tSi.i
On 7th July 1486 he was cue of the ambassadors for Scotland who received
a safe-conduct for a year at the request of James the Fourth of Scotland to pass
with sixty horsemen between Scotland and England at pleasure.^ The particular
business confided to the ambassadors in question is not stated in the safe-
conduct. He received a charter of apprising by the sheriff of Stirling of ten
merks worth of land of Carnok and Plain, dated 19th February 1499, in
■which he is described as brother-german to John Elphinstone of Artht. He
is described as of Scottistoun in an obligation which he made on 29th February
1508 to resign his lands of Gargunnok, etc., in favour of Alexander, first Lord
Elphinstone, his " dearest eme."
3. William Elphinstone, rector of Clatt in Aberdeenshire, who became tutor to
Alexander, second Lord Elphinstone. With his brother, Alexander Elphin-
stone, he was one of the ambassadors for Scotland who received a safe-conduct
on 7th July 1486 to pass between Scotland and England at pleasure. In a
list of the foundations of anniversaries in the cathedral church of Aberdeen,
the 25th of June is mentioned as his anniversary during his lifetime, when
masses were to be said for him ; and the 21st of July is given as the anni-
versary of his death, on which day masses were to be said for his soul ; and
13s. 4d. is the sum derived from a croft and gardens near Aberdeen for that
purpose.3 The year of his death is left blank. On 15th November 1531 an
obligation is given by the vicars and chapluins of the choir of the church of
1 Charters o£ the Collegiate Churches of land, vol. iv. No. 1522. Rotuli Scotia?,
Midlothian, Bannatyne Club, p. 71. vol. ii. p. 472.
3 Register of Aberdeen, Maitland Club,
- Calendar of Documents relating to Scot- vol. ii. pp. 214, 215.
SIR JOHN ELPHINSTONE OBTAINS PITTENDREIOH. 2 1
Aberdeen about the foundation of three masses for the late venerable man, Sir
William Elphinstone, rector of Clatt. The date of the foundation is 21st July
1531.1 William Elphinstone must therefore have died before that date.
X. — Sir John' Elphinstone of Pittendreich, Ekth, and Elphinstone,
Grandson and Successor of Henry Elphinstone of Pittendreich.
EUPHAMIA , his 'first WiFE.
Margaret , his second Wife.
c. 1477-1508.
Sir John Elphinstone, as stated in the memoirs of his father and grand-
father, obtained in the lifetime of the latter the lands of Pittendreich and
Erthbeg, in the baronies of Drem and Erth respectively, and sheriffdom of
Stirling. In terms of the resignation of the lands by Henry Elphinstone,
who reserved to himself the liferent of them, in the hands of John, Lord
Lindesay of Byres, as superior, the latter, as baron of the baronies of Drem
and Erth respectively, on 6th November 1477, gave two charters to John
Elphinstone, granting these lands to him and the heirs-male of his body,
whom failing, to the lawful heirs-male of Henry Elphinstone whomsoever.
In the event of Henry Elphinstone dying while John Elphinstone, his grand-
son, was in his minority, the charters provided the ward and relief of the
lands to the granter thereof.^
John Elphinstone obtained, on the same day that he received the above
lands, the lands of Stirkschaw in the barony of Chalmerlain Newton, and
1 Register of Aberdeen, Maitland Club, dated at Edinburgh on 8th November 1477.
vol. i. p. 399. The sasine of the lands of Pendreeb, or Pit-
tendreich, preserved iu the same custody, is
^ Original charters in Elphinstone charter- dated 29th November 1477. It describes the
chest. The precept of sasine of Ertlibeg lands as in Lord Lindesay's barony of Drem,
granted by John, Lord Lindesay, and pre- constabulary of Haddington and shire of
served iu the Elphinstone charter-chest, is Edinburgh.
22 SIR JOHN ELPHINSTONE OF ELPHINSTONE, c. 1477-1508.
shire of Eoxburgh. These lands, which were also resigned by Henry
Elphinstone in the hands of John, Lord Lindesay, were by him conveyed
by a third charter to John Elphinstone and Euphamia his spouse, and the
longer liver of them, and the lawful heirs-male of their bodies, failing whom,
to the lawful heirs-male of the said Henry whomsoever. The lands were
to be held of the granter for service of a common suit at his courts of
Chalmerlain Newton, by reason of ward and relief.^
Tliese three charters show that John Elphinstone was in his minority in
November 1477, also that he was married at that date, and that every
endeavour was being made to secure the Elphinstone estates to a male
succession of heirs in the family of Elphinstone, and thus to prevent
the recurrence of such a regrettable alienation of lands as took place
in 1471.
Little information is preserved regarding the personal history of John
Elphinstone. From what is available we iind that his name is chiefly
associated with the consolidation and extension of the Elphinstone estate.
This is attested by many charters he received, which are still existing in
the Elphinstone charter-chest. These charters show that John Elphinstone
continued to be designated " of Pendrech " or " of Pittendreich " down to
1499. From that year, when he had come into the possession of the
barony of Airth, to the close of 1503 he is usually called "of Airth"; and
from 1504, when his lands were erected into the barony of Elphinstone, to
his death in 1508 he is invariably described as "of Elphinstone" or "of
that ilk " or " de eodem."
From 1477 to 1490 very little is known of this laird of Elphinstone. But
from the beginning of the latter year to the close of his life there is a con-
tinuous record of him in charters of the time. Most of these charters now to
be described relate to a portion of the lands of Erthbeg. By the first of them
' Original charttr in Elpliinatone charter-chest. The aasine, ibid., is il.ateil 2Sth
November 1477.
ACQUIRES ADDITIONS TO ERTHBEG. 23
John Elphinstone received from James Levingston of Manerstone a seventh
part of a fourth part of the town and lands of Erthbeg, in the barony of Erth
and shire of Stirling. The charter, which is witnessed by Andrew Elphin-
stone of Selmis and others, is dated at Edinburgh, 18th January H90. The
precept of sasine of the lands is dated a day later, and is followed by an
instrument of sasine dated 4th March of the same year. The charter was
subsequently confirmed by David, Lord Lindesay of Byres, as superior of the
lands, at Byres on 3rd February 1 490.^
In the year following, John Elphinstone exchanged this particular part
of Erthbeg, occupied at the time by John Bisset and Alexander Mortoun,
for another and equal portion of the same lands in the possession of Mariota
Norwell, lady of Gargunno, then occupied and held in blench farm by Thomas
Forstar. This exchange was made in a charter of excambion, dated 17th
March 1491, granted by Mariota Norwell to John Elphinstone. An exception
was made of a rood of land in Langcars reserved to the granter for doing
service to the lord superior in the barony of Arth.^
A further part of this arrangement is contained in an indenture dated
at Edinburgh, 18th March 1491, entered into between the same parties. By
this indenture, as John Elphinstone had infeft Marion Norwell in the above
stated part of his lands, and Marion had infeft him in the like portion of her
lands, all as already described, it was agreed that, after the expiry of nineteen
years from the date of the indenture, if either of the parties so desired it, the
respective parts of Erthbeg exchanged were to revert to their former owners.
The seals of the parties were interchangeably appended to the indenture.^
As the portion of ^Erthbeg conveyed to John Elphinstone was, as already
stated, occupied and held in blench farm by Thomas Forstar, who had it in
wadset at the time of the conveyance, a charter of sale was granted by him
' Original charters, etc., in Elphinstone the instrument of sasine is dated Gth June
charter-chest. 1492. Both of these writs are in the Eliihiu-
2 Original charter, ihid. The precept of stone charter-chest,
saaiue is of the same date as the charter, and ' Original, ibid.
24 SIR JOHN ELPHIKSTONE OF ELPHINSTONE, c. 1477-1508.
and Elizabeth Stewart his spouse, to John Elphinstone of Pendrech and
Margaret his spouse, and the survivor of them, of the lands in question, with
the exception already mentioned. The charter is dated 20th May 1493.
The seals of the granters are appended to the charter.^
John Elphinstone appears as a witness in a charter by William Elphin-
stone, bishop of Aberdeen, to Duncan Scherar, rector of Clat, of twenty
perches of land in the burgh of Aberdeen, dated at Aberdeen 7th September
1492.2 He is there designed " Johanne Elpliinstone de Pettyndreche." In
another charter granted by Bishop Elphinstone to James Lyndsay of sixteen
perches of land in the same burgh, and of the same date, in which he also
appears as a witness, he is simply designed "Johanne Elphinstone."
Following his name is that of " Andrea Elphinstone," his cousin, who is also
a witness to the charter.^
John Elphinstone, having in the series of charters and other writs above
described obtained such adjustment in Ms holding of Erthbeg as he desired,
next turned his attention to having these lands entailed in the manner to be
stated shortly. He also decided to have his lands of Pittendreich included
in the new entail to be made. The death of his first wife, his second
marriage, and the consolidation of his lands may together have influenced
him, to some extent at least, to take this step and to name a different order
of succession. To carry out this arrangement it was necessary that he should
resign the lands in the hands of his superior and receive a regrant of them
giving effect to his wishes. Accordingly, he resigned these lands in the
hands of John, Lord Lyndesay of Byres, as superior, from whom he received
a charter of entail of them, dated at Edinburgh, 21st December 1496. The
1 Original charter in Elphinstone charter- Scott to the vicarage of Ruthven, by the
chest. In the same custody is a testificate same bishop, in 1490, "Johanne Elphin-
of sasine by Thomas Fostar of Carnok in stoun " is a witness, and is described as " a
favour of John Elphiustoun of Pendrech and discreet and venerable man" [Ibid. i. 316].
Margaret his spouse, dated 23rd July 1493. It is uncertain if this is the same person as
- Register of Aberdeen, Maitland CUib, the subject of this memoir,
vol. i. p. 330. In a collation of Andrew ^ Register of Aberdeen, vol. i. pp. 331-2.
ENTAIL OF THE LANDS OF PITTENDREICH, 1496. 25
charter bears to be to an honorable man, John Elphinstoun do Pettindreich,
for his many good and grateful services rendered to the granter, "pro suo bono
et gratuito seruicio michi multipliciter impenso." It grants to him the lands
of Pettindreich, and the fourth part of the lands of Erthbeg, with the seventh
part of another fourth part of the said lands of Erthbeg, with the pertinents.
It also gives the lands to the heirs-male of his body, whom failing, to Alex-
ander Elphinstoun, his brother-german, Andrew Elphinstoun of Selmys, and
John Elphinstoun, citizen of Glasgow, and the heirs-male of their bodies
respectively, whom all failing, to the heirs-male of the said John Elphinstoun
carrying the name of Elphinstoun whatsoever. The lands are to be held " a
dicto Johanne domino Lyndesay de Eege." The charter is witnessed by
William Elphinstone, bishop of Aberdeen, Alexander Elphinstoun, and
others.^ This entail was confirmed by King James the Fourth in a charter
to " his beloved John Elphinstoun of Pettindreich," dated at Edinburgh, Ist
February 1496-7. The king's charter is witnessed by William, bishop of
Aberdeen, keeper of the privy seal ; Archibald, Earl of Angus, Lord Douglas,
chancellor; Archibald, Earl of Argyll, Lord Campbell and Lorn, master of the
king's household ; Patrick, Earl of Bothwell, Lord Hales ; Alexander, Lord
Hume, lord chamberlain ; John, Lord Drummond, justiciary ; George, abbot of
Dunfermline ; George, abbot of Paisley, treasurer ; and the king's clerks, Mr.
Eichard Murehede, dean of Glasgow, the king's secretary, and John Fresale,
dean of Lestalrig, clerk of rolls, register, and council.^ Sasine of the lands
contained in the charter of entail was given to John Elphinstoun of Pen-
drech at the principal messuage of Pendrech on 17th April 1497.^
la less than a year after his obtaining the entail just described, John
Elphinstone of Pendreich received a charter from Patrick, Lord Lindesay
' The original charter, and also precept of No. 2341, also examined copy of the charter
sasine, dated 22nd December 1496, are in the of confirmation in the Elphinstone charter-
Eliihinatone charter-chest. chest.
2 Register of the Great Seal, vol. ii. 3 Original sasiue, ibid.
VOL. I. I)
2f) SIR JOHX ELPHIXSTOXE OF ELPHINSTONE, C. 1477-1508.
of Byres, of the lands and barony of Airth, with tenants and tenandries of the
same, and with the pertinents, in the shire of Stirling, and the lands of
Cragorth, with the pertinents, in the same shire, all which he gave him for
the good and faithful counsel and help he had rendered to him, " pro bono
et fideli consilio, anxilio, supplemento, gratuitis et benemeritis michi per
dictum Johannem multipliciter impensis." The lands and barony granted
were to be held by John Elphinstone and his heirs and assignees from
the said Patrick " a me " and his heirs and assignees of the king. The
charter is dated 5th November 1497. Among the witnesses are William,
bishop of Aberdeen, Master David Setoun, rector of Fethircarne, and William
Elphinstoun.i Confirmation was given by King James the Fourth in a
charter granted at Edinburgh in November 1497.^
The feudal right of John Elphinstone of Pittendreich to the barony of
Airth was made doubly valid by a subsequent resignation of the barony,
in the king's hands, by the procurators of Lord Lindesay, in favour of John
Elphinstone, and by charter of confirmation by King James, and precept of
sasine following, both dated at Peebles, 21st November 1498.^ The king in
his confirmation designates John Elphinstone his familiar shield-bearer,
" familiari suo armigero," a designation which he again bestows upon him
in later charters.
The barony of Airth, thus acquired by Jolin Elpliiostone, belonged to the
ancient family of Airth in the thirteenth century. In the end of that
century, or beginning of the next, John Elphinstone, who flourished in 1296,
married Marjory, a member of that family, and heiress of the lands of
Airthbeg, and with her obtained these lands. Tlie barony of Airth passed
' Origioal in the Elphinstone charter-chest. ^ Register of the Great Seal, vol. ii. No.
- Register of the Great Seal, vol. ii. No. 2-l()8. Original precept of sasine in favour of
2380. Precept of sasine dated 5th November his " well-beloved familiar shield bearer," and
and instrument of sasine, dated 16th Nov- instrument of sasiue following thereon, dated
ember HOI, are both iu the Elphinstone 25th March 1-199, in the Elphinstone charter-
charter-chest, chest.
HISTORY OF THE BARONY OF AIRTH. 21
into the possession of the knightly family of More of Abercoru. Airthbeg
may not have formed a part of that barony at this early date. But it also,
or a portion of it, was owned by the Mores. Previous to 1363, Alexander
Elphinstone of that date got a piece of land in Erthbeg from Alexander
More, son of the late Sir Adam More, in exchange for the lands of
Kythumbre, as already shown in these pages. In 1381-2, in the reign of
King Robert the Second, that king gave a charter of the lands of the barony
of Erth with other lands to William More, knight.^ By his marriage with
Christian More, daughter and sole heir of Sir William More of Abercorn,
Sir William Lindesay of Byris got the whole landed possessions of Sir
William More. Their son, Sir John Lindesay, got a charter from Eobert,
Duke of Albany, including, among other lands, the barony of Airth, in the
sheriffdom of Stirling.^
By his marriage with Agnes de Erth,^ Edward de Brus, son of Sir Eobert
Brus of Clackmannan, c. 1426-7, obtained what property in Erth her family
possessed, and became the progenitor of the Bruces of Airth. But the
barony of Airth appears to have remained in the Lindesay family until 1497,
when, as already stated, Patrick, Lord Lindesay of Byres, bestowed it upon
his kinsman, John Elphinstone.
By this very important acquisition, John Elphinstone was now possessed
not only of portions of Airthbeg, but also of the whole barony of Airth, of
which Airthbeg formed a part. It will be observed that the barony of Airth
and the lands of Cragorth were to be held by him direct of the king. What
constituted the good and faithful counsel and assistance, referred to in this
charter and in the one of 21st December preceding, as meriting and eliciting
Register of the Great Seal, vol. i. No. Erttbeg by the marriage [The Bruces and
the Cumyns, by M. E. dimming Bnice, ]).
318]. But this is evidently a mistake
originated probably by confusing Agnes
2 Robertson's Missing Charters.
2 This Agnes is said to have had as her with Marjorie, an earlier member of the
second husband an Elphinstone who got same family.
28 SIE JOHN ELPHINSTONE OF ELPHINSTONE, C. U77-1508.
the expressions of gratitude of Lord Liudesay, it is impossible to coujecture
with certainty. He may have taken part with David, second Lord Lindesay
of Byres, in support of King James the Third against his son, afterwards
King James the Fourth, at the Field of Stirling in 1488, where his lordship
acted a very conspicuous part, which subsequently got him into trouble, and
thus have earned the gratitude of the Lindesay family. Or, he may have
assisted Patrick, afterwards fourth Lord of Eyres, by obtaining his release
from imprisonment in the castle of Eothesay, in Bute, where King James
the Fourth incarcerated him in a dungeon for his successful defence of
David, Lord Lindesay, for acting with King James the Third as above.^ But
from the fact that counsel and assistance were given by him to his Lindesay
superiors, and that he receives the appellation of the king's famiUar shield
bearer, it is apparent that, at least, he was to some extent actively employed
in public affairs, that he was frequently at court, and that he enjoyed the
favour of his royal master. One result of his acquisition of the barony of
Airth was that John Elphinstoue dropped his accustomed designation " of
Pendrech" or Pittendreich, and substituted for it from this time that
" of Airth."
John Elphinstone of Airth appears to have been now more anxious than
ever to extend his interest in and control over the remaining portions of
Airthbeg not yet possessed by him. This will be seen in several transactions
to be here noticed to which he was a party. The earliest of these is a
lease granted by Thomas Forester of Caniok to " ane honorabill man and
my weilbelouit frend, John of Elfynstoun of Artht Chawmeilane " of a
seventh part of a fourth of Arthbeg for the period of nineteen years following
the date of the lease, with common pasture, free ish and entry. The lease
states that John Elphinstone occupied and manured the lands before the
making of the agreement. His entry into the lands was to be at the Whit-
sunday immediately following, and he was to pay for the lease the sum of
1 Lives of the Lindsays by Lord Lindsay, vol. i. pp. 158-161, 177-179.
THE LANDS AND MILL OF AIRTHBEG. 2»
22s. 5d. at the usual terms of Whitsunday and Martinmas in equal propor-
tions. The lease reserved power to Elphinstone to substitute under him
tenants, cottars, or subtenants. It is signed and sealed at Edinburgh
14th July 1501,1
If John Elphinstone was unable to get in property the part of Erthbeg
contained in the foregoing lease, he was more fortunate in another instance
which occurred fully two years later. In this case he received a charter
from Eobert Cunynghame, lord of fee of the lands and barony of Polmaise-
Cunynghame, and Sir Alexander Cunynghame of Polmaise, knight, lord of
the free tenement of the said lands and barony, of the fourth part of the
lands of Artlibeg, in the barony of Polmaise- Cunynghame by annexation,
in the shire of Stirling, to be held by him and his heirs in feu-farm heritably
for a reddendo of £7 Scots annual rent of feu-farm. The charter, which
contains a clause of warrandice, is dated at Edinburgh 17th December 1503.^
Another transaction, if not bearing upon any further acquisition of the
lands of Arthbeg, may be referred to as securing to John Elphinstone a
privilege connected with them. The transaction is contained in a notarial
instrument of agreement between Sir John Elphinstone of that ilk, knight,
and Thomas Bisset of Quarrell, both of them touching the holy evangels and
giving their great oaths. This agreement bears that John Elphinstone had
built a mill on the lands of Elphinstone and that Thomas Bisset gave licence
to him to draw away water alongside his lands " pre terris " of the fourth
part of Erthbeg as often as necessary for the mill. For this concession John
Elphinstone obliged himself and his heirs not to charge any multure to the
' Original in Elphinstone charter-chest. Burgh Court of Stirling hy Sir Alexander
2 Sasine, following upon a precept dated at Cunninghame of Polmas - Cunninghame,
Edinburgh 18th December 1503, was given knight, and Robert Cunninghame, hia son
at the principal messuage of the fourth part and apparent heir, of letters of assedation
of Erthbeg on 20th January 1503-4. The and obligation in favour of John Elphinstone,
originals of the charter, precept, and sasine are dated 1 1th May 1497. But the writ does not
in the Elphinstone charter-chest. There is show to what lands the assedation and obliga-
also in the same custody a ratification in the tion refer.
30 SIR JOHN ELPHIXSTONE OF ELPHINSTONE, c. 1477-1508.
said mill nor claim any of the growing grain upon the fourth part of the
lands of Erthbeg, but to reserve the seed to be sown upon the said lands.
The agreement is dated 11th April 1505.^ It will be seen in the next memoir
that Alexander Elphinstone, the son of John, furthered the cherished wish of
his father by making additional acquisitions of the lands of Erthbeg.
It was not alone in the lands of Erthbeg that John Elphinstone extended
the landed possessions of his family either in lease holdings or in property.
Other acquisitions of lands fall to be stated. On 27th August 1502 the
king confirmed to him a charter by John, Lord Simpill, dated 12th August of
that year, in which for a certain sum of money he sold to the king's familiar
shield-bearer, John Elphinstone of Erth, the lands of Midilthrid of Cragrossy,
wadset to Adam Schaw, also the superiority of the tenandry of the west
part of Cragrossy which John, Lord Eoss, had in fee, in the town and terri-
tory of Cragrossy, in the stewartry of Strathern and shire of Perth. The
lands were to be held in fee of the king by John Elphinstone and the
same series of heirs as in the entail of 21st December 1496, except that
instead of John Elphinstone, citizen of Glasgow, is substituted John Elphin-
stone, son of the uncle of the said John, etc.^
While John Elphinstone was thus adding to his landed estates and
increasing his own importance as a landed proprietor, he had in 1503 the
honour of knighthood conferred upon him. Another mark of royal favour
was given to him in the same year by the erection of his lands and barony
of Erth-chalmerlain, the lands of Pittendreich and Cragorth, in the shire of
Stirling, into a barony to be called the barony of Elphinstone, to be held by
him and his heirs-male whomsoever. The charter of erection is dated 4th
January 1503-4. The witnesses to it include the archbishop of St. Andrews,
chancellor; William Elphinstone, bishop of Aberdeen, keeper of the privy
seal ; Archibald, Earl of Argyle, Lord Campbell and Lorn, master of the king's
' Original in the Eljiliinstone cliarter-chest.
2 Register of the Great Seal, vol. ii. No. 2602.
WILL OF SIR JOHN ELPHINSTONE, 1506. 31
household ; Patrick, Earl of Bothwell, Lord Hales ; Matthew, Earl of Lennox,
Lord Darnly ; Alexander, Lord Home, lord chamberlain ; Andrew, Lord Gray,
justiciar, and others. The town of Little Erth in the barony of Erth-chal-
nierlain was to be the principal messuage of the barony of Elphinstone.i
He received sasine of the barony of Elphinstone on 11th April 1504.^
On 16th December 1506, Sir John Elphinstone of Elphinstone had a
charter from Nicholas Cristesone, burgess of Stirling, of the five-merk
land of the third part of the seventh part of the lands of Crannok and Plane,
with the pertinents, in the barony of Plane and shire of Stirling, in ex-
cambion for his five-merk lands of Cragorth and pertinents in the shire of
Stirling.3
The will of Sir John Elphinstone, a notarial instrument, dated 2nd
August 1508, bears that in presence of the notary and witnesses he appointed
Alexander Elphinstone of Innernochty, his son and apparent heir, his only
and indubitable assignee and cessioner to all and sundry assignations of
lands made to him by any lords temporal and spiritual, which he then
enjoyed and possessed, or any right to the same ; giving to the said Alex-
ander full power to intromit with the said assignations and to dispose
thereof at his will and pleasure, nevertheless paying nothing to the lords of
the assignations according to the terms of the letters thereof made to them
thereupon. The lands of Eossyechtell and luverdargie are stated as excep-
tions. The will mentions that it was done in Sir John Elphinstone's
chamber in the town of Edinburgh, in the street or vennel vulgarly called
Peblis Wynd, on the west side of the same, at the second or third liour
after noon.
Sir John Elphinstone died previous to 19th October, in the year 1508,
when his son Alexander received sasine of the barony of Elphinstone. He
1 Register of the Great Seal, vol. ii. ^ Original in Elphinstone charter-chest.
No. 2765. There is an extract of the charter 3 jj.id,
iu the Elphiuatoue charter-chest. * Original notarial will, ibid.
32 SIR JOHN ELPHINSTONE OF ELPHINSTONE, C. 1477-1508.
was twice married: first to Eapliamia, and secondly to Margaret; but the
surnames of these two ladies have not been ascertained. He had issue
two sons and two daughters.
1. Alexander, who was created Lord Elphinstone, of whom a memoir follows.
2. Thomas Elphinstone. In the marriage contract between Alexander, afterwards
first Lord Elphinstone, and Margaret Erskine, daughter of Robert, Master
of Erskine, son and heir of Alexander, second Lord Erskine, it was arranged,
as a reversion containing the terms of it shows, that if the marriage was not
completed owing to the death of Alexander Elphinstone, it was to take place
with Thomas Elphinstone, his brother.^ The marriage did not take place
with Alexander, as is shown in his memoir, neither was it carried out with
Thomas Elphinstone, his brother.
In the Crown rentals drawn from Stirlingshire for the years from l.')02
to 1.505, and also for 1508, Thomas Elphinstone was tenant with his
father John Elphinstone of Pittendreich of the Halls of Erth and Orchar-
land of Erth. 2
Robert Elphinstone, rector of Kincardine, who became tutor of Alexander,
second Lord Elphinstone, was probably the son of Tiiomas Elpliinstone, as
he is described as "cousin" to his lordship. On 16th December 1511,
Robert Elphinstone received a charter from the king erecting the Kirklands
of Kincardine O'Neil, namely, the Kirktoun of Kincardine O'Neil and others
into a barony with a burgh of barony.^ In 1526, in the time of Gavin,
bishop of Aberdeen, Robert Elphinstone was a member of the chapter of
Aberdeen.* On 14th December 1529, he subscribed a gift by that
bishop with the consent of the dean and chapter of Aberdeen to Gilbert
Menzies, provost, and the bailies of Aberdeen, of the lands of Ardlair in the
lordship and shire of Clatt and earldom of Garioch, for upholding the new
stone bridge over the Dee.^
In 1518 he was appointed tutor of Elphinstone in room of AVilliam
Elphinstone, rector of Clatt, in Aberdeenshire, who resigned.
1 OriginalReveraion,datedl.3th July 1502, vol. i. p. 354. Register of the Great Seal,
iu Elphinstone charter-cheat. vol. ii. No. 3667.
„,„ „„„ * Register of Aberdeen, vol. ii. p. 254.
- Exchequer Rolls, vol. xu. pp. 636, 679; , ^^.^ ,,^j . ^^ 393 ^ ^^^ j^^^^ ^^
vol. xui. pp. 638-9. Ardlair previously belonged to Andrew
' Register of Aberdeen, Maitland Club, Elphinstone of Selnies.
ISABELLA ELPHINSTONE, NURSE OF JAMES, PEINCE OF SCOTLAND. 33
1. Isabella Elphinstone. This lady was highly esteemed at the Court of King
James the Fourth, and on the birth of Prince James, his first son, on 21st
February 1507, she was appointed, by the royal parents, to the responsible
office of nurse to the young prince. This office she fulfilled to the perfect
satisfaction of the king and queen. The prince died in infancy, on 27th
February 1508, and, in recompense for her service, King James the Fourth
gave to her, for the term of her life, the ferms of the 5 merkland of
Chapeltoun, during the leases of the tenants, and after the end of the
leases, the lands themselves ; and the ferms of the 5 merklands of
Bonischaw and Dririg, 5 merklands of Myltouu Crevauche, 5 merklands of
Ormyllisheuche, .5 merklands in Blaklaw, and 5 merklands in Riddinghill
and Holhouse, extending in the king's rental to 20 lib., in the bailiery of
Cunynghame, and shire of Ayr. This ample gift was bestowed, as the
king states, on Isobel Elphinstoun, "nurse of the deceased James, our
son, for her faithful and thankful service in her diligent and assiduous
labour by her undertaken, and done in tender nursing of the said James."
The charter is dated at Edinburgh, 9th March 1507-8.1
Isabella Elphinstone was first married to David Lindsay of Dunrod. She
was his second wife, as he and Eufamia Stewart, his first spouse, receive
a charter of a £20 land in the Isle of Bute on 16th June 1498.- She was
lessee of the assize of herrings of the Western sea and lochs. As such she
in 1516 gives in her account to exchequer, which extends from 9 th
September 1513 to 7th August 1516, a period of three years. In that
account she is styled " Isabella Elphinstoun, lady of Dunrod," ' and there is
no mention of her husband, who, by that time, was probably dead. Isabella
Elphinstone, lady of Dunrod, was married, secondly, to Robert Blaxwell,
sixth of Calderwood. In her account to the exchequer, following the one
just mentioned, and extending from 7th August 1516 to 1st July 1522,
dated 17th March 1523, she is styled Isobella Elphinstoun, lady of
Calderwod.* Her marriage to Robert ]\Iaxwell may have taken place
between the 12th and 17th of Blarch 1523, as in another account from 1st
July 1522 to 12th March 1523 which contains a memorandum of her intro-
missions with the western herring assize for six years, she is simply called
1 Eegister of the Great Seal, vol. ii. No. 3204. Compared with E.xchequer Rolls, vol.
ii. p. 40.
2 Register of tbe Great Seal, vol. ii. No. 2421.
3 Exchequer Rolls, vol. xiv. pp. 193-4. * Ibid. vol. xv. p. 60.
VOL. I. E
4 SIR JOHN ELFHINSTONE OF ELPHIJS\STOXE, C. 1477-1508.
Isobella Elpliinstoune, lady of Dnnrod.i On 14th January 1524-5, King
James the Fifth, with consent of the three estates, let in feu-farm to Isobel
Elphinstoun, lady of Dunrod, and Eobert Blaxwell of Calderwood, her
spouse, the 5 merkland of Chapeltoun, etc., as above, with the addition of
1 merk of Hairschaw, and 3 merits of Cokilby, extending in all to £22,
1 3s. 4d. of old extent. These Isobel had in liferent from King James the
Fourth, for a payment of 40 lib. yearly to the bailies and community of
Irwin, a duplicaud, and erecting of mansion and policies.^ This gift was
twice confirmed by the Scottish parliament, in two Acts of Parliament
in favour of Isobel Elphinstone and Eobert Maxwell of Calderwood, her
spouse.* On the 15th August 1530, King James the Fifth granted to
Eobert Maxwell of Calderwood and Isobel Elphinstone, his spouse, and the
heirs-male of their bodies, whom failing, the eldest heir-female of their
bodies, without division, etc., the foresaid lands of Chapeltoun, etc.* A
curious letter is written by Isabella Elphinstone and her husband, from
Calderwood, 22nd October [1530], addressed to James Colville of Ochiltree,
comptroller and one of the auditors of exchequer, regarding mailling of
the lands of Blaklaw. The letter is written in the interests of Adam
Welsoune, one of their tenants, and ends as follows : —
" Prayand your lordschip to fordar this pur man for my sayk, and fardar
plesset your lordschip to geyf cradaus to my gosseng, thes berar. At Caldei wod,
wyth our handis, the xxij day of Octohar, be yowris at otvt powars.
[Robert Maxwell of Calderwod, with my hand.
IsBELL Elphenstouse, wyth my hand one the pen."^]
Eobert Maxwell died in 1540, and his wife seems to have predeceased
him. She had issue by her second husband, two sons and one daughter.
2. Jean Elphinstone. There was a marriage contract made between Sir John
Elphinstone of Elphinstone, knight, and John of Kinross of Kippenross, to
the effect that John of Kinross sold to Sir John Elphinstone the marriage of
his heir or heirs-male or female whatsoever, for matrimony to be contracted
between James Kinross, heir to the said John of Kinross and Sir John Elphiu-
' Exchequer Rolls, vol. xv. p. 5(5. ' .25th February 1524-5, and 20th Novem-
- Register of the Great Seal, vol. iii. No. ber 1526. Acts of the Parliaments of Scot-
204. In 1525 and 1527, mention is made land, vol. ii. pp. 291, .Sll.
>f Isabella Elphinstoun as tenant of the * Register of the Great Seal, vol. iii. No.
kinds of Chapeltoun and others. [Exchequer 959.
Ilolls, vol. XV. pp. 149, 150, 343.] ' Exchequer Rolls, vol. xv. p. 5S5.
JEAN, DAUGHTER OF SIR JOHN ELPHINSTONE. 35
stone's (laughter, and failing her, with a kinswoman of Sir John. If it
happened that the heirs of John of Kinross were females, their marriages
were to be disposed of at the will and pleasure of Sir John. The contract
bears that for the sum of four score merks usual money and other kindness
done to John of Kinross by Sir John Elpliinstone, the former infefted the
latter in the corn mill and mill lands of Kippenross upon the understanding
that the mill and mill lands should revert to John of Kinross, and the four
score merks should be returned to Sir John Elphinstone when the marriage
was completed. The contract is dated at Edinburgh, 24th February 1504.
The name of this lady is only ascertained from the docquet on the back of
the contract, which is as follows : "The contract of the marriage of the
lard of Kippanros vith Jene Elphingston as vithiu vrittiu.''^
Alexander, afterwards first Lord Elphinstone, on 29th March 1509
gave a bond to his " weil-beloweit freind," John Kinross of Kippenross,
containing an arrangement for a marriage connection similar to that now
described. The bond narrates that as John Kinross had infefted the
granter thereof in his corn mill, and mill lands of Kippenross, he would
resign them in his favour as soon as James, his son and heir, should
come of age and complete marriage with " ane cousines " of the grantei-,
or with another competent person at his command, or failing thereof, the
heirs-male whatsoever succeeding to John's heritage or the heirs-female
named at his pleasure. ^
The marriage arranged for in this contract, so far as Jean Elphinstone
was concerned, did not take place. This is shown in a notarial instrument
dated 28th January 1529, which states that James Kinross married Isabella
Callender, daughter of Robert Callender of Mauer, and Katherine Elphin-
stone, kinswoman of Lord Elphinstone, and with his consent and good will.
The instrument also narrates the reversion of the mill and mill lands of
Kippenross, and the sum of money respectively, in terms of the contract
of 1504.3 1212318
' Original contract in the Eliibiustone 27th March 1510, also a charter by the king
cliarter-cbest. confirmiug tbe sale of these, dated 12th April
- Original bond, ibid. There are in the 1510.
s:ime custody a precept of sasine by John
Kinross in favour of Alexander Elphinstone of ^ Original notarial instrument in Elpliin-
tlie mill and mill lauds of Kippenross, dated stone cbarter-cbest.
36 ALEXANDER ELPHINSTONE, FIRST LORD ELPHINSTOXE, 1508-1513.
XL — Alexander ELrniNSTONE, first Lord Elphinstone.
Elizabeth Barlow, Maid of Honour to Queen Margaret Tudor,
Consort to King James the Fourth of Scotland, his Wife.
1508-1513.
Alexander Elphinstone was the eldest son and heir of Sir John Elphin-
stone of Elphinstone and Euphamia his first wife. He received from his
father the lands of Stirkfeild, with tenants, tenandries, and services of
free tenants, with the pertinents, in the barony of Chalmerlain-Newtoun and
sheriffdoni of Selkirk. The precept to give sasine of the lands is dated
at Edinburgh, 2nd October 1497, and witnessed by his kinsman Andrew
Elphinstone of Selmys and others.^ He also received a few weeks later from
his father the lands of Strikschawe, in the same barony and sheriffdom of
Eoxburgh, to be held by him and his heirs from (a me) the granter and his
heirs, of (de) Patrick, Lord Lindesay of Byres, lord superior thereof, in fee
and heritage, for the annual payment by Alexander and his heirs to Lord
Lindesay and his heirs of one penny usual money, when required, at the
feast of Pentecost. The charter giving the lands is dated at Edinburgh, 20th
November 1497.- Confirmation of the charter was given by Lord Lindesay
at the same place on 7th December following.' As in the precept above
named, Andrew Elphinstone of Selmys is one of the witnesses in both charters.
An alliance by marriage was projected between Alexander Elphinstone
and Margaret Erskine, daughter of Eobert, Master of Erskine, son and heir-
apparent of Alexander, second Lord Erskine. There is no marriage contract
among the Elphinstone muniments. But the terms of the arrangements for
the marriage are given in letters of reversion by Alexander, Lord Erskine,
to John Elphinstone of Airth. As these are interesting, and as they give
■ Original precept in Elptinstone ehaiter-chest.
- Original confirmation narrating the charter, iu the Elphinstone charter-chest. It is signed
"Patryk lord L^ndissa off ye Byris." 3 Xbid.
PROJECTED MARRIAGE WITH MARGARET ERSKINE, 1502. 37
the substance of so early a marriage contract in the main line of the
Elphiastoue family, they may be here stated at length. The letters
referred to bear that John Elphinstone had given to Alexander, Lord Erskine,
heritably, by charter and sasine, the five pounds worth of his lands of Pettin-
drech, in the town and soil of Pettindrech, and barony of Erth-Chamerlane
and sheriffdom of Stirling. That notwithstanding this grant, as soon as the
marriage was completed, " in the face of halikirk," between Alexander
Elphinstone, son and apparent heir to John Elphinstone, and Margaret
Erskine, daughter to Eobert, Master of Erskine, son to Alexander, Lord
Erskine, his lordship obliged himself to resign and give over to John Elphin-
stone and his heirs the above-mentioned lands, with the charter, sasine,
and other evidents.
It was stipulated that in the event of failure by the death of Alexander
Elphinstone, the marriage was to be completed with Thomas Elphinstone,
his brother. On the other hand, if failure occurred through the death of
Margaret Erskine, the marriage was to be with Jonet Erskine, her sister, or
with any other of John's sons and heirs and Eobert Erskine's daughter.
Further, in case of such failure through the death or " dissasent " of the
parties mentioned, John Elphinstone was, upon a day betwixt " the sone
rising and ganging to of that ilk," in the parish church of Stirling, upon " the
he alter of the samyne," to pay to Lord Erskine the sum of one hundred
pounds gold and silver, which he had delivered him "in onwart of payment
of his said sovme of tocher," when a discharge would be given for the same.
Other provisions were made, securing that Lord Erskine would not refuse to
receive the money, and to carry out the arrangements stated in the circum-
stances described. The reversion, which is dated at Edinburgh, 13th July
1502, has the seal of Lord Erskine appended to it, and is witnessed by
Andrew Elphinstone of the Selmys, John of Portarfeild of Cliapeltoun, and
others.i
' Original reversion in the Elphinstone charter-chest.
38 ALEXANDER ELPHINSTONE, FIRST LORB ELPHINSTONE, 1508-1513.
This proposed marriage alliance, so carefully and particularly arranged,
never took place. Alexander Elpliinstone, the first party in the contract, as
will be seen, soon afterwards married Elizabeth Barlow. Margaret Erskine,
the other principal party in the contract, was twice married, first to John
Haldane of Gleneagles, and, secondly, to George Home of Lundies and Argaty.
Janet Erskine, the youngest daughter of Eobert, Master of Erskine, was
married to John Murray of Touchadam. It has not been ascertained whether
Thomas Elphinstone, the brother of Alexander, was ever married, but he
was not allied to any of the above-named Erskine ladies.
The alliance between the two families of Elphinstone and Erskine, how-
ever, was ultimately brought about, if not in the person of any of the two
sons of John Elphinstone, or in that of either of the two Erskine daughters
named in the reversion, at least in the person of the grandson of John Elphin-
stone. Alexander, second Lord Elphinstone, son and successor of Alexander,
the subject of this memoir, was married to Catherine Erskine, daughter of
John, fourth Lord Erskine, and niece of Margaret and Jonet Erskine.
Alexander Elphinstone married Elizabeth Barlow, one of the maids of
honour to the Princess Margaret, daughter of King Henry the Seventh of
England, and queen of King James the Fourth of Scotland. The marriage
must have taken place prior to 8th August 1507, for, in a charter of that
date, Elizabeth Barlow is described as his spouse. Alexander Elphinstone
was ofRcially attached to the court. His Majesty held him in much favour,
and styles him, in the charter just quoted, his familiar servant. Queen
Margaret also showed favour to her maid of honour for leaving her native
country of England and following her Majesty to Scotland. The king and
queen taking such a warm interest in young Elphinstone and the maid of
honour, and being desirous to have them united in marriage, the Erskine and
Elphinstone alliance was postponed till another generation. King James and
his queen not only promoted the marriage of Alexander Elphinstone with
Elizabeth Barlow, but continued to the close of Alexander's life to show the
ERECTION OF THE BARONY OF INVERNOCHTY, 1507. 39
greatest interest in them, and to confer substantial favours upon tliem.
During this period, consisting of six years, Alexander Elphinstone received
many charters, precepts, and other writs, from King James the Fourtli,
granting to him lands, baronies, etc. It was the uniform custom of the king
in these grants to give them conjointly to Alexander Elphinstone and his
wife, and to the longer liver of them. This will be seen as reference is made
to these different grants. It would have been interesting to have the con-
tract of marriage between Alexander and Elizabeth, and to have seen its
terms. In an inventory of writs contained in the charter-chest of Lord
Elphinstone, preserved among his muniments, the following entry is
made at the beginning : — " Contract of marriage betwixt Alexander, Lord
Elphinstone, and Elizabeth Berlay.''^ That entry merely shows that a
formal contract was actually prepared, and that at the date of that inventory,
which is comparatively modern, the contract existed in the Elphinstone
charter-chest. No further particulars are given, and the contract is not
now forthcoming.
On 8th August 1507, as stated above, Alexander Elphinstone received a
charter under the great seal from King James the Fourth. The grantee is
described as the king's familiar servitor, " familiar! servitori suo," and Eliza-
beth Berlay, the grantee with him, is named as the queen's servant, " servitrici
regine." The charter is given for good service, and because Elizabeth became
a Scotswoman and a liege, and for singular favours. The lands conveyed
by the charter are the lands of Invernochty, Ballebege, with mill, etc., and
Ic Glennys de Gleunochty, Invernechty, Ledmakey, Culquhony, Culquhar}', in
the lordship of Strathdon ; Mekill-Mygve, Ester- Mygve, Tulliprony, Blalok,
and Correcreif in Cromar, in the earldom of Mar and sheriffdom of Aberdeen :
also the lands of Duncanstoun, Glandirstoun, with mill, Eochmureall, and
TuUefoure, in the lordship of Garviauch and sheriffdom foresaid. All tliese
several lands the king incorporated into one free bakony of Invei!N0cuty,
1 Inventory of writs in the Eljiliiustone charter-cbest.
40 ALEXANDER ELPHINSTONE, FIRST LORD ELPHINSTONE, 1508-1513.
which was to be held by the grantees, and the longer liver of them, in con-
junct fee and heritage, and by the heirs of their bodies ; whom failing, the
lands should revert to the king. Their holding of the lands was to be for
three suits at the three head courts of the sheriffdom of Aberdeen.^ On the
same day when this charter was given, the king directed letters under the
quarter seal to Andrew Elphinstone of Selmys and three others, his sheriffs
of Aberdeen in that part, to give sasine of the lands and barony above
recited to Alexander Elphinstone and Elizabeth Barlay.^ Sasine was given
in terms of the royal letters on 23rd August 1507.^
Upon receiving this important grant of lands and their erection into a
barony, Alexander Elphinstone and his wife, without any loss of time, set
themselves to consolidate their newly acquired territorial possessions. It
will be noticed that the lands now constituting the barony of Inver-
nochty comprised lands out of the lordship of Strathdon, the earldom of
Mar, and the lordship of Garioch. This appears to have been thought a
disadvantage; and it was judged a preferable arrangement to have the
whole lands of the barony in one lordship. In order to have this effected,
Alexander Elphinstone and his wife made resignation in the hands of the
king of the whole lands and barony they had just received, for the purpose
of obtaining a regrant of the lands of Invernochty and others situated in
the lordship of Strathdon. They also renounced and overgave the remaining
lands of the barony of Invernochty, which were located in the earldom
of Mar and lordship of Garioch, and which consisted of the lands of
Mekill-Mygve, Ester-Mygve, Tulliprony, and others above enumerated, in
excambion for lands in the lordship of Strathdon. These lands thus
acquired were the lands of Skaleter, with forest of Corgarf, lands of Fennelost,
r>oIquhame, Baluaboith in Glenbouchat, Balnaboith in Kelbethok, Ballinta-
> Register of the Great Seal, vol. ii. No. 3115.
2 Anti(|intiesof the shires of Aber.lceu and Banflf, Spalding Club, vol. iv. pp. 73S-9.
3 lh„i. pp. 739-40.
TERRITORIAL DESIGNATION OF INVERNOCHTY, 1507. 41
more, Tiileskeuch, Summeil, Culbalauche, with forest of Baddynyoun aad
Kilvalauche, Estir Clova with Corrykeynzane, Contelauche with Braidschaw,
Auchmyllane, with the east half of Glenlof (Glenlos), Kinclune, and New-
mill, with le glennys, woods, groves, viz. le schawls of the said lands. By
this arrangement the barony of Invernochty was composed of lands all
of which were situated in the lordship of Strathdon.
King James gave a charter to Alexander Elphinstone and Elizabeth
Barlow giving effect to this excambion, and uniting the lands of Skaleter
and others to the barony of Invernochty, and also giving them a regrant
of the other lands in that barony which were resigned for that purpose.
The charter is dated at Edinburgh, 10th December 1507. The holding of
the lands was for one suit at the head court in the sheriffdom of Aberdeen
at the feast of St. Michael's, with ward, ete.^ From the date of the bestowal
of this barony upon Alexander Elphinstone, he took the territorial designation
of Alexander Elphinstone of Invernochty, and he is so named and designated
in the subsequent grants made to him.
Meantime, in the interval between the date of the original grant of
the barony of Invernochty on 8th August, and the regrant of it in terms
of the resignation above mentioned on 10th December 1507, the king on
14th September confirmed to his familiar Alexander Elphinstone, son and
heir-apparent of John Elphinstone of Elphinstone, knight, and Elizabeth
Berlay, his spouse, the lands of Cragorth, with mill, meadows, and fishings
of the same in the Water of Forth, in the barony of Elphinstone, and
sheriffdom of Stirling. The lands had been personally resigned by Alexander
Elphinstone for a regrant of them, and they were now to be held by him
and Elizabeth Barlow, and the longest liver of them, without division, in
conjunct fee, and by the heirs-male of their bodies, whom failing, they were
to be held by the said John Elphinstone and his heirs-male, whom all failing,
by his heirs-male whomsoever bearing the name and arms of Elphinstone.^
1 Register of the Great Seal, vol. ii. No. 3159. 2 Ihid. vol. ii. No. 3132.
VOL. I. F
42 ALEXANDER ELPHINSTONE, FIRST LORD ELPHINSTONE, 1508-1513.
Another and very important gift was in store for the royal favourites
in the following year. As it included part of Kildrummy, anciently the
inheritance of David, Earl of Huntingdon, the younger brother of King
William the Lion, the gift was highly valued, more perhaps than any of
the king's gifts to them preceding or following. It also shows the
continued generosity of the royal benefactors. This new gift by King
James to them was of the dominical lands of Kildrummy and the custody
of the ancient and historical castle of Kildrummy. The present bestowal
of Kildrummy, as will be afterwards shown from a later charter, was
intended by the king to be the dowry which Alexander Elphiustone
was to receive with Elizabeth Barlow, his spouse. As this grant forms
the subject of other and subsequent charters and is of considerable im-
portance, a particular account of it is necessary.
The great seal charter conveying Kildrummy to Alexander Elphinstone
and his wife is dated 19th July 1508. It describes them as the king's
beloved familiars, and grants the lands and castle to them and the heirs of
their bodies, failing which, they were to return to the king. The lands com-
prehended the king's dominical lands of Kildrummy, the New, Wester
Clova, Aid Auchindore, Drumnahuse, Dosky, Cukishill, miU of Kildrummy,
Auchinvene, Corryhill, Qwiltis, Ardquhonquhar, Culispik, Innerburquhar
Wester, Innerburquhar Estir, Argeith, Culquheich, Discory, mill thereof,
Pettynclauch, Glencoy, and the Newtoun, with the pertinents, in the earldom
of Mar and sheriffdom of Aberdeen. The charter also gives them the custody
of the castle of Kildrummy, and the gift of the chaplainry of Den in the
same earldom and sheriffdom. Alexander Elphinstone and Elizabeth
Barlow were to pay therefor yearly £82, IBs., and six marts, allowing 5s.
for every mart, 12 bolls and 2 firlots of oats, and an augmentation of 40
marts.^
1 Original charter in Elphinstone charter-chest ; also Register of the Great Seal, vol. ii.
No. 3251.
SUCCEEDS AS ALEXAKDEE ELPHINSTONE OF ELPHINSTONE, 1508. 43
It was in this year of 1508 that Alexander Elphinstone succeeded to his
father, Sir John Elphinstone of Elphinstone, in the family estates. On
19th October, Alexander Elphinstone, as son and heir of the late
John Elphinstone of Elphinstone, knight, received sasine on a precept,
from chancery of the barony of Elphinstone and of the lands annexed
to it, namely, the lands of Pittendreich, Midlethrid of Craigrossie and
Wester Craigrossie.^ Alexander Elphinstone now dropped his designation
of " Invernochty," and substituted for it that of Alexander Elphinstone
of Elphinstone.
From that date to his death in 1513, Alexander Elphinstone continued
each year to obtain fresh acquisitions of territory, and more favourable
holding of portions he already possessed. During that time King James
the Fourth showed no abatement in his attachment to him, and continued
as before to give him from time to time substantial proofs of it. In this
way, much more than Sir John Elphinstone, his father, did Alexander
Elphinstone enrich his family with landed possessions. Wliat follows to
be stated of his life must necessarily, therefore, for the most part relate
to the different lands which he now acquired.
The earliest of these acquisitions, after his succession to his father, con-
sisted of the lands of Crannok, Plane and Gargunnok, in the shire of
Stirling. These lands had belonged to the Hepburns of Bothwell, and
latterly to the Hepburns of Gargunnok. On 19th October 1508, Alexander
Elphinstone received sasine of five merks of the seventh part of Crannok
and Plane, which had belonged to Cristian Hepburne, from Nicholas Cristi-
soun, as lord superior thereof.^ On 20th February of the following year he
received an obligation by Alexander Elphinstone of Scottistoun to resign in
his favour in the king's hands, when required to do so, his lands of Gargunnok,
Plane and Crannok, which formerly belonged to Margaret Hepburne and
Walter Sellar, her spouse. In this obligation he calls Alexander Elphinstone
1 Original sasine in Elphinstone charter-chi st. ^ Ihid.
44 ALEXANDER ELPHINSTONE, FIRST LORD ELPHINSTONE, 1508-1513.
of Elphiustone his "derrest erne," and acknowledges that he had received
from Alexander and his father payment for the lands.^
On 22nd June following Margaret Hepburne herself gave authority to
her procurators to resign the same lands, along with those of Fordale in Fife
and Meirdene and Dunlugus in Banff, in the hands of her superior of the
same, for infefting Alexander Elphinstone of Elphinstone therein ; ^ and on
1 9th June 1510, nearly a year later, Alexander M'CuUoch, her procurator, gave
sasine of these lands to Alexander,^ who was by this time Lord Elphinstone.
In addition to these several writs securing him in possession of these lands,
Alexander Elphinstone, also on 19th June 1510, received a charter of them
from the king.* This charter was followed by a precept of sasine of the same
date, and also by an instrument of sasine, dated 4th July of the same year.^
Other acquisitions of lands follow in quick succession. On 24th October
1508 Alexander Elphinstone got sasine of the third part of Erthbeg, on a
precept from Kobert Cunyngham, lord of fee of the barony of Polmais-
Cunyngham.8 The conveyance of a tenement of land in Stirling to Alex-
ander Elphinstone is, from details given in it, not without interest. In the
obligation by his kinsman Alexander Elphinstone of Scottistoun, on 20th
February 1508-9, already referred to, there was an undertaking to resign
certain lands therein described. There was also, in the same obligation, a
like undertaking to give over to Alexander Elphinstone of Elphinstone a
tenement of land, in the burgh of Stirling, formerly belonging to James
Eeddoch, for which the granter had similarly received payment. With this
1 Original in Elphinstone charter-chest. charter of apprising, dated 19th February
Alexander Elphinstone of Scottistoun had 1499-1500, was given by the Sheriff of
received from the king the gift of the Stirling, and the grantee ordained to pass
marriage of Margaret Hepburn, and had with the sheriff's retour to chancery for
assigned it to her and her husband, Walter infeftment in the lauds.
Sellar, for 200 merks. For this sum she - Original in Elphinstone charter-chest,
consented to have her lands above named 3 Inventory of Elphinstone writs, ibid.
apprised to him, reserving to herself the * Original, ibid.
right to redeem them within seven years. A ^ Ibid. ^ Ibid.
CREATED LORD ELPHINSTONB, 1509. 45
tenement he engaged to deliver to him the following goods : — " Twa standard
beddis : ane cownter burd : ane irne chymnay : ane lang sadyll : ane form
and ane pres : ane cheir and ane almerry, which goods he received in the
said hous." ^
Several charters given about this time by King James the Fourth to
Alexander Elphinstone and Elizabeth Barlow, his wife, now require notice.
One of these, dated 11th September 1509, contains a grant to them of the
town and burgh in barony of Kildrummy in the earldom of Mar and shire
of Aberdeen.2
Between the granting of the charter just mentioned and that of the one
following it, of date 14th January 1509-10, an important event took place, in
which the royal favour to the subject of this memoir took an interesting
form. On 20th October 1509, Queen Margaret gave birth to a son,^ who was
soon after baptized and named Arthur, Prince of Scotland and the Isles.
He died in the castle of Edinburgh 14th July 1510. Alexander Elphin-
stone was present at court when the baptism of the prince took place,
and the king in honour of the occasion and in recognition of the services of
Alexander and his wife, created him a lord of parliament under the title of
Lord Elphinstone. The king's raising him to the peerage and the occasion
of his doing it are narrated in the great seal charter referred to of 14th
January 1509-10. In this charter the king rehearses his former grant to
Alexander and his wife of the dominical lands and castle of Kildrummy, and
proceeds as foUows : —
" And we now, having in remembrance the good and faithful service done to us by
the said Alexander and Elizabeth, his spouse, and that for good causes and considera-
tions known by us, and moving us to that effect, have created and made the said
Alexander a lord op oue parliament on the occasion of the baptism of our dearest
son Arthur, Prince op Scotland and of the Isles thereof, etc. : Therefore, and
1 Original in Elphinstone charter-chest.
2 Original charter and precept of saaine following thereupon of the same date, ibid.
3 Annales of Scotland by Sir James Balfour, vol. i. p. 233.
46 ALEXANDER ELPHINSTONE, FIRST LORD ELPHINSTONE, 1508-1513.
for the special favour which we bear to the foresaid Alexander and Elizabeth, his
spouse, and for the honourable maintenance of them and their heirs, we have given,
granted, and confirmed, and by this our present charter give, grant, and confirm to the
foresaid Alexander, now Lord Elphinstone, our cousin, and Elizabeth Berlay, his spouse,
and to the longer liver of them in conjunct fee, and to their heirs-male, all and sundry
the forenamed dominical lands of Kildrummy," etc.
These lands the king incorporated with the barony of Invernochty, and
ordained that after the first sasine now to be taken by Alexander and
Elizabeth upon the ground of the said lands, sasines were to be taken in
future at the principal messuage of the barony of Invernochty. The charter
further provided that the lands and castle were to be held of the king and his
successors. Kings of Scotland, in feu and heritage for ever, freely, without any
feu-farm, sums of money or victuals, being paid by Alexander and Elizabeth
or their heirs-male for them. Besides other powers conferred upon them
there is that of —
" Making and substituting under them con.stables, janitors, night watchmen,
guards, keepers of prisons, and all other oflScers necessary for the said castle, with walls,
iron ramparts, and ports of war, bars, the draw briggs, and other munitions necessary
as to them shall seem expedient."
While granting to Alexander Elphinstone and his wife other immunities,
the king appointed to them the service following, namely, that they and their
heirs were to find and maintain for the king and his successors 100 men
furnished with lances to do service to the king in his wars and armies against
his enemies, "if any happen to be in future." The charter is dated at
Stirling, and is witnessed by Bishop Elphinstone, keeper of the privy seal,
Alexander, Earl of Huntly, and many other notabilities.^
1 Original charter in the Elphinstone curators to act for Elizabeth Barlai, Lady of
charter-chest. This charter is not in the Elphinstone, for a year, dated Edinburgh,
Register of the Great Seal. The charter is 22nd January 1509 ; also (2) Precept of
followed by au instrument of sasine in the sasine under the quarter seal, dated at
same custody, dated 7th February 1509-10. Stirling, 14th January 1509. Sasine was
The sasine proceeds upon and narrates (1) given in presence of John, prior of Monymusk,
Letters patent by the king appointing pro- and other witnesses.
JUSTICIARY OVER HIS LANDS IN ABERDEENSHIRE, 1512. 47
In the following year, 1511, Lord Elphinstone entered into a contract
with the town of Stirling regarding the cruives and coble fishing upon the
Water of Forth, whereby the town of Stirling became bound to defend, assist,
and supply Lord Elphinstone and his heirs, and he engaged to take their
part in all their " leisum affairs, except in the king and his bairnes." ^ Lord
Elphinstone, at the same time, took an instrument in the hands of Edward
Spittell, notary, of the contract made.^
Lord Elphinstone received a commission of justiciary from the king,
extending over the bounds of his own lands in the sheriffdom of Aberdeen.
The commission gave him power over all persons, perpetrators of thefts or
rapine, sorners, oppressors, and others, also fugitives from the law. It also
gave him power to hold courts, etc. The commission, which was under the
quarter seal, and was to last during the king's pleasure, is dated at Edin-
burgh, 1st January, twenty-third year of the king's reign [1511-12]. At the
foot of the commission are the usual words — " Per signaturam manu supremi
domini nostri regis subscriptam." '
On 29th August 1512, Lord Elphinstone received from the king a charter
of the lands of Quarell in the barony of Harbertschire and shire of Stirling,
uniting them to the barony of Elphinstone.* He received a bond of man-
rent from Sir Eobert Bruce of Airth in the following circumstances. Sir
Robert had been divested by the king of eight oxgangs of the lands of Airth.
Lord Elphinstone, who in 1508 received under the privy seal letters of
bailiary of the king's lands and lordship of Stirlingshire, with the keeping of
the castle of Stirling,^ appointments which he retained till the close of his
life, as royal bailiff at the time, obtained licence to let the lands in question
to Sir Eobert Bruce, and restored him accordingly. Sir Eobert, in return for
1 Original in Elphinstone charter-chest. Precept of sasine is dated 29th August 1512
The common seal of the town is appended. [in Elphinstone charter-chest]. Instrument
2 „ . , J _ . , of sasine is dated 26th September same year
[Inventory of Elphinstone writs, ihid.]
* Register of Great Seal, vol. ii. No. 3767. ' Original in Elphinstone charter-chest.
48 ALEXAITOER ELPHINSTONE, FIRST LORD ELPHINSTONE, 1508-1513.
this service done to him, granted a bond of manrent to his lordship on 1 0th
September 151 2.i
One remaining royal favour shown to Lord Elphinstone and Elizabeth
Barlow falls now to be noticed. Eesignation was made by them of their
whole lands and barony of Invernochty, by their procurators and letters
patent in the king's hands at Edinburgh, by staff and baton. King
James the Fourth thereupon granted them a charter under the great seal,
giving to them and the heirs of their bodies the lands and castle resigned, and
incorporating the whole into one free and entire barony to be called the
BARONY OF KiLDRUMMY, and Ordaining the castle of Kildrummy to be the
principal messuage of the barony. The lands, barony, and others were to be
held for one suit at the head plea of the sheriff court of Aberdeen to be held
within that burgh after the feast of St. Michael, with ward, relief and
marriage when they occur only, and freely without any service of lances,
courts, suits or other services or exactions.
In the preamble to the charter, after enumerating the subjects resigned,
the king proceeds to say : —
"And we liaving in remembrance that umquhile Alexander Elphinstone of that ilk,
knight, predecessor of our foresaid cousin, was slain in the field of battle at Piperdane,
being attacked by the English, in the service of our predecessors for the time being, and
in defence of our king, by whose decease the principal heritage and his lands had fallen
to his heirs-female, not male ; in remembrance of the service of which Alexander, slain
by the English, as is premised, and in part recompence to our said cousin Alexander,
Lord Elphinstone, and for his good, faithful, and gratuitous service, rendered to us from
his youth, and his entry to our service, and daily continued by him, likewise in conten-
tation of the dowry for the marriage contracted by him with the said Elizabeth Barley,
now his spouse, whom we caused him to take to wife and made her to live beyond her
native land in service with our dearest consort the queen, within our kingdom : we,
1 Inventory of Elphinstone wi-its in Elphin- of obligation, by which Sir Robert Bruce
stone charter-chest. There is also in this bound himself to pay £200 Scots to Lord
custody a notarial instrument narrating Elphinstone, if he failed to implement his
that on 4th October 1512, Alexander, Lord bond. The instrument also furnishes the
Elphinstone, appeared publicly with a letter [jarticulars above stated,
KILLED AT FLODDEN 9tH SEPTEMBER 1513. 49
therefore, and for several other good and reasonable causes and considerations moving us
thereto, have of our own certain knowledge, proper motive, free will and full deliberation,
given, granted, and of new confirmed," the lands, etc.i
We now come to the close of Lord Elphinstone's life, which he ended, as
so many of the Scottish nobility of that time did, on the fatal field of
Flodden. It is unnecessary to enter upon any detailed account of this
disastrous battle, so often described in the histories of the period. By the
marriage of King James the Fourth with the Princess Margaret, daughter of
King Henry the Seventh of England, it was thought that the old animosities
between the two nations would be healed, and a time of peace inaugurated.
But this result did not follow. The alliance between Scotland and France
was too strong to permit of continued peace between Scotland and England.
King Henry the Eighth had in person gone to France with a large army
to invade that country. He left an army stationed in the north of
England under the Earl of Surrey in case of any trouble from the Scots.
At the instance of France, King James made war with England, and
raising an army, on 22nd August 1513 crossed the border at the head of
it. Lord Elphinstone accompanied his sovereign in the expedition. On his
march, James took several castles, including that of Ford. There he
remained for some time receiving challenge from the English. His nobility
counselled him not to hazard a battle with the small army which he had.
But James imprudently decided to fight. The two armies arrived near
Floddeu. When the battle began the Scots fought with great bravery and
obstinacy against their more numerous foes. The number slain on both
sides was great, but on the side of the Scots nearly all the nobles engaged
in the battle fell. The Scots were defeated. King James the Fourth fell
with his nobles.2 The battle was fought on 9th September 1513.
1 Original charter in the Elphinstone char- and Elizabeth Barlow, on 27th August 151,S.
ter-chest, dated 12th August 1513. The ^ A despatch from Flodden giving an ac-
sasine was given, at the castle of Kildrummy count of the battle, preserved in the public
to an attorney, in name of Lord Elphinstone records of England, is reproduced in facsimile
VOL. I. G
50 ALEXANDER ELPHINSTONE, FIRST LORD ELPHINSTONE, 1508-1513.
In the battle, Lord Elphiustone, who in stature and appearance resembled
the king, by agreement personated him on the battlefield, and was followed
by the chief of the nobility who mistook him for King James. He also,
although defended by the nobles, fell in the battle. The English afterwards
came upon his body, and like the Scots mistook it for that of the king, and
carried it to Berwick. Thus, like his ancestor of Piperdean fame of the
same name, Alexander, Lord Elphinstone, fell fighting the battles of his
country.
By his marriage with Elizabeth Barlow, Lord Elphinstone had two sons
and four daughters.
1. Alexander Elphinstone, second Lord Elphiustone, who succeeded him, and of
whom a memoir follows.
2. James Elphinstone, born 12th May 1512, was probably named after King
James, and apparently died unmarried.
1. Elizabeth Elphinstone, was probably named after her mother, Elizabeth Barlow.
She was born on 25th April 1508. She married Sir David Somerville of
Plane, and had issue sons and daughters.
2. Euphemia Elphinstone. She was born 11th May 1509. She married John
Bruce of Cultmalindie, and had issue sons and daughters.
3. Mary Elphinstone, born 2Sth April 1510, and died unmarried in Stirling.
4. Barbara Elphinstone was born 22nd August 1513. She died " being a chyld." i
It was on the 9th of the following month of September that her father fell
at Flodden.
in the National Mss. of England, vol. ii. No. ii. are dated 20th September 1513. [Ibid. Nos.
A further description of the battle is given iv. v. and vi.]
in three letters from Thomas Eiithall, bishop
of Durham, to Almoner Wolsey, one of which ' Birthday Book, in Elphinstone charter-
is a copy without date, and the other two chest.
margaret tudor, queen of scotland. 51
The Princess Margaret Tudor, consort of King James the Fourth of
Scotland, who were both Eoyal Benefactors of Alexander,
FIRST Lord, and Elizabeth, Lady Elphinstone.
1489-1539.
The important part which Queen Margaret had in forming the destinies of
the Elphinstone family has been already indicated in the foregoing memoir
of Alexander, first Lord Elphinstone. To her and her husband's initiative
and influence, the marriage of that Elphinstone nobleman with Elizabeth
Barlow, her favourite maid of honour, is to be attributed. To her influence
and patronage also, there cannot be a doubt,' the creation of the peerage of
Elphinstone, the grant of the great barony of Kildrummy in Aberdeenshire,
and the bestowal of many other royal favours to the first Lord Elphinstone
and his wife, must be largely traced. On these accounts some more special
notice of Queen Margaret appended to the memoir of Alexander, first Lord
Elphinstone, is not inappropriate.
There is, however, another consideration. There are in the Elphinstone
charter-chest a number of parchments and papers, one of them relating to
her Majesty and Archibald, sixth Earl of Angus, her second husband, and
others of them to her and Henry, Lord Methven, her third husband, some of
which contain her signature and two of them her seal. These charter
records illustrate, to some extent, the later part of her life. This fact
constitutes an additional reason for inserting in these pages a memoir of
Queen Margaret, embodying in it the substance of the charter muniments in
question which bear so directly upon her life.
Margaret Tudor was the eldest daughter of King Henry the Seventh of
England and the Princess Elizabeth Plantagenet, eldest daughter and heiress
of King Edward the Fourth of England. She was born at Westminster on
29th November 1489, and was baptized on the following morning by the
bishop of Ely at the font of Canterbury in Westminster Church, being named
52 MARGARET TUDOR, QUEEN OF SCOTLAND, 1489-1539.
after her grandmother, Margaret, daughter of John Beaufort, third Earl of
Somerset, the king's mother. She was thereafter confirmed by the arch-
bishop of Yorli.i
A suitable marriage for the young princess early occupied the attention
of her parents, and long before she arrived at marriageable age, they had
opened negotiations on the subject with the court of Scotland. Such an
alliance for their daughter gave promise of amity between the two countries,
between which war, only interrupted by truces of longer or shorter duration,
had prevailed for a century or two. The project of securing mutual peace and
concord to England and Scotland by such a method was not an untried one
at this time. When King James the Fourth of Scotland was little more than
a year old. King Edward the Fourth of England sought to bring about in his
person such a connection. Eichard the Third, his successor, also attempted
it. But each attempt failed. When King Henry the Seventh came to the
throne, he likewise, in 1493, endeavoured to bring about the cherished
project, but with no better result. The birth of the Princess Margaret led
to a fresh attempt being made, and on 23rd June 1495, when the princess
was about five years of age. King Henry gave a commission to Eichard,
bishop of Durham, keeper of the privy seal, and five others, to negotiate a
marriage between Margaret and liing James the Fourth of Scotland. But
the commission, neither then nor when it was renewed on 2nd September
1496, met with encouragement.^
In 1499 King James himself made proposals for marriage with the
Princess Margaret. The king was at Melrose, and the bishop of Durham
waited upon him there. When the bishop was taking his departure, the
king whispered softly in his ear that the only way for England to have a
lasting peace with Scotland was to move King Henry to give his eldest
daughter, Lady Margaret, to him in marriage. The rejoinder of the bishop
1 Leland's Collectanea, vol. iv. pp. 253-4.
2 Syllabus of Rymer's Foedera, vol. ii. pp. 705, 717, 727, 729, 731.
CONTRACT FOR THE MARRIAGE OF MARGARET TUDOR, 1502. 53
was to keep himself close on the subject, and he would with all speed
ascertain the mind of Henry. True to his promise the bishop of Durham
soon despatched a private messenger to James with satisfactory assurances,
and advised him to send without delay ambassadors to the English king,
adding, that as the iron was hot, it was best to strike it.^
King James sent commissioners to England to contract the marriage in
his name, and to treat for a perpetual peace.^ He also wrote to King Henry
for a safe-conduct for them and a hundred horsemen.^ The English king
showed no less zeal. Margaret and James were within the prohibited
degrees of relationship prescribed by canon law, and by 28th July 1500
King Henry had obtained a papal dispensation for the marriage.*
The contract of marriage was subscribed at Eichmond Palace on 24th
January 1502, and confirmed by King Henry at Westminster on 31st
October, and by King James at Edinburgh on 1 7th December of the same
year.^ The Princess Margaret was now thirteen years of age. The arrange-
ments made were highly advantageous to her. She was provided with a
jointure of lands, lordships, etc., of the aggregate value of at least £2000
sterling per annum,^ and also with £1000 Scots yearly during the lifetime
of her husband. King Henry gave her a dowry of 30,000 angel nobles.
Twenty-four of her attendants were to be English, and in case any of these
died she could substitute others in their place to the number of twelve."
On 25th January 1502-3, at Eichmond, the parties were formally con-
tracted in marriage, Patrick, Earl of Bothwell, representing King James.^
1 Annales of Scotland, by Sir James Bal- of Dunbar, except the castle of Dunbar, the
four, vol. i. pp. 223-4. lordship of Cockburnspath, the lordship and
2 Rymer's Syllabus, vol. ii. p. 735. palace of Linlithgow, the lordship of Stir-
5 Calendar of Documents relating to lingshire and castle of Stirling, the earldom
Scotland, vol. iv. No. 1653, p. 332. of Menteith, the lordship and castle of Doune,
■• Rymer's Syllabus, vol. ii. p. 734. and the lordship and palace of Methven.
^ Ibid. p. 735 ; Calendar of Documents, '' Calendar of Documents, etc. , vol. iv. No.
etc., vol. iv. No. 1681, p. 337. 1660, pp. 336, 337 ; Rotuli Scotia;, vol. ii. pp.
^ These consisted of Ettrick Forest, New- 552-561.
ark Castle, the earldom of March, the county 8 Leland's Collectanea, vol. iv. pp. 258-264.
54 MARGARET TUDOR, QUEEN OF SCOTLAND, 1489-1539.
The young bride left the home of her parents at Eichmond Palace for Scot-
land on 27th June 1503. She was conducted thither by the Earl of Surrey,
treasurer of England, the archbishop of York, the bishop of Durham, the
Earl of Northumberland, Lord Dacre, and many English nobles and ladies,
with a large and imposing retinue.
At Lamberton Kirk, a little north of Berwick, the Earl of Morton, the
archbishop of Glasgow, and a train of Scottish nobles, received the bride and
escorted her to Dalkeith. The castle of Dalkeith was at this time the
principal residence of the Earl of Morton. There, and at Newbattle, her
future husband, the king, visited her at different times. On 7th August the
queen, accompanied by King James, entered Edinburgh, and on the day
following the marriage was solemnised by the archbishop of Glasgow in the
abbey church of Holyrood. For a fortnight public rejoicings continued on a
large and splendid scale. There were daily tournaments, shows, moralities,
combats, feasts, banquets, music, and religious services. English and foreign
guests were feted, and no expense was spared. The poet Dunbar, in an
allegory named the Thrissel and the Eose, in which the Thrissel represented
the King and the Eose the Queen, commemorated the marriage, as at a later
period, in 1511, in a poem, he celebrated the visit of Queen Margaret in that
year to Aberdeen.^
From the period of her marriage to the year 1513, when the disastrous
battle of Flodden was fought which left her a widow, little has to be told of
Queen Margaret. The exchequer rolls for the time show that she kept up
a household of her own, distinct from that of the king. She had also her
own household books. Her servants, exclusive of females, were forty-two
in number.- Sir Duncan Forrester was her purveyor. Sir Michael Balfour
'First Historical Commission Report, keeper of the linen, two cooks, two grooma of
vol. i. p. 122. the kitchen, two turnspits, and other ser-
- They comprised a purveyor, a carver, vauts. — [Exchequer Rolls, vol. xiii. pp. Ixxix,
two doorkeepers, a butler, a steward, a 125-127.]
QUEEN Margaret's household. 55
of Burleigh was her carver.^ James Dog, whose name so often occurs in the
poems of Dunbar, was the keeper of her wardrobe.^ There is also some
ground for supposing that Sir David Lindsay of the Mount, afterwards
the famous Lyon king, was groom of the stable to the queen.^ He certainly
was one of the queen's servants. In his " Complaint to the King," written
in 1528, which secured to him in 1529 his appointment as Lyon King of
Arms and his being knighted, he refers to his services to the queen and her
son King James the Fifth thus —
" Whilk has so lang in service been
Continually with King and Queen,
And entered to thy Majesty
The day of thy nativity."
Robert Spittal was her master tailor.* His position was a lucrative one, and
he became rich in it. In 1530 he founded a hospital in Stirling for the
benefit of poor tradesmen. He also built the bridge of Teith. These bene-
factions are recorded on a tablet in the hall of the hospital, where the words
are added : — " Forget not, reader, that the scissors of this man do more
honour to human nature than the swords of conquerors." The incident
which led to his building the bridge of Teith is well known. On one occasion
the tailor came to the ferry, at the place where the bridge was afterwards
erected, without money. The boatman refusing to give him credit left him
behind. Spittal, who resented the slight which he conceived to be thus put
upon him, built the substantial bridge which now spans the Teith, which
ruined the business of the boatman. ^
' Exchequer Rolls, vol. xiii. p. 125. name of the queen is closely associated. On
■^ Ibid. vol. xiii p Ixxxi her first arrival in Scotland in 150.S, either
,„.,,... to reside at Newbattle abbev or Dalkeith
3 Ibid. pp. Ixxxiu, 127. ^, , J .u ■ i^ 1 1, u J
castle, she crossed the river Esk by a bridge
* ■'■*''<'• pp. 194, 259. ^^^^^ gtilj 3ja^jg ^ g|j„j.j ,^,^y ^eiow New-
^ The Red Book of Menteith, vol. i. p. battle abbey and which is known as the
493 ; Old Statistical Account, vol. xx. p. 50. Maiden Bridge, from having been used by the
This is not the only bridge with which the young bride.
56 MARGARET TUDOR, QUEEN OF SCOTLAND, 1489-1539.
King Henry the Seventh, who died on 21st April 1509, by his will
bequeathed valuable jewels to Queen Margaret. These jewels King Henry
the Eighth, his successor, the brother of the queen, refused to deliver to her.
This the queen naturally resented. Andrew Forman, bishop of Moray, was
sent to England to require the delivery of them. On 11th April 1513, the
queen addressed a letter to her brother the king, in which she refers to this
subject in a spirited manner. She says that neither she nor her husband
could beUeve that he personally was the hindrance to her getting her jewels,
and adds: "Oure husband kaawis it is withhaldin for his saik, and will
recompenss ws sa far as the doctoure ^ schew him. We are eschamet thair-
with, and wald God nevir word had bene tharof. It is nocht worth sic
estimaeion as is in youre diverss lettres of the sammyn. And we lak
nathing. Oure husband is evir the langar the better to ws, as knawis God." ^
The conduct of King Henry the Eighth in the matter of this legacy was,
besides being unjust, short-sighted, and did not improve the relations
between the courts of Scotland and England. Indeed it contributed, along
with other matters, to exasperate King James, and to decide him to enter at
this time on the war with England, which so soon after ended fatally for him.
When King James the Fourth was slain at Flodden, on 9th September
1513, steps were immediately taken to carry on the government of the
country. On the 21st of that month, King James the Fifth, then about
eighteen months old, was crowned at Stirling. The same convention of
estates which placed the crown on the head of the infant prince, intrusted
the reins of government, in terms of her husband's will, to the hands of
the now widowed Queen Margaret, who was appointed regent. Certain lords
were named by whose advice she was to act.* On 11th November she wrote
from Perth to the Queen of England, probably Katherine of Arragon, wife of
1 Dr. West, the English ambassador.
2 Pinkerton's History, vol. ii. Appendix, No. viii. p. 453.
3 Parliamentary Records of Scotland, 1804, p. 525.
MARRIES ARCHIBALD, SIXTH EARL OF ANGUS, 1514. 57
King Henry the Eighth, from whom she had received a letter of condolence,
and thanked her for " her loving and hearty mind and great compassion," and
desired that her brother King Henry's kindness might be made known to
her lieges and realni.^
After the birth of the queen's posthumous son, on 13th April 1514,
although at the time the death of her husband was so recent, plans were
made for a second marriage. Her brother. King Henry the Eighth, was
desirous to have her married first to the Emperor Maximilian, and after-
wards, in default of him, to Louis the Twelfth of France. The Scottish
nobles, on the other hand, desired her to marry Albany. Pinkerton gives
a description of Queen Margaret at this time. He says : —
" The royal widow appears to have merited and possessed the admiration of all
ranks. . . . Margaret was now in her twenty-fourth year ; and her youtliful beauty
and graces rather proclaimed the bride than the widow. Her circular countenance
displaying gaiety, her vivacious eyes, her person rather rustic than delicate, were
accompanied with a corresponding vigour of health." ^
Queen Margaret followed neither the counsels of her brother nor of the
Scottish nobility with reference to her marriage. On 6th August 1514 she
was privately married to Archibald, sixth Earl of Angus, grandson of Angus
Bell-the-Cat, in the church of KinnouU, in Strathearn. John, first Lord
Drummond, maternal grandfather to the Earl of Angus, and constable of
the queen's castle of Stirling, got his nephew, Mr. John Urummond, dean
of Dunblane and parson of Kinnoull, to perform the ceremony of marriage.
The marriage, although not prompted by any political design, was not
approved by the nobles. Moreover, the queen had neither consulted them
nor done anything to gain their approval to it. The Earl of Angus was cited
before the council. Sir William Cummin of Innerallochy, knight, Lyon
king, delivered the citation. Lord Drummond, who was present, thinking
he did so with too little deference and respect for Angus, boxed him on the
' Calendar of State Papers — Scotland, vol. i. No. II, p. 2.
- Pinkerton's History, vol. ii. pp. 113 114.
58 MARGARET TUDOR, QUEEN OF SCOTLAND, 1489-1539.
ear for it. For this, a year later, or ou 16tli July 1515, Albany incarcerated
Drummond in Blackness Castle, and forfeited his estate. Queen Margaret,
whose graphic description of Drumnaond's offence was that he had " waffed
his sleif at an harralde, and gave him upon the breast with his hand,"^
interceded for him, and obtained his remission.
It would extend the memoir of Queen Margaret to undue proportions,
and be beside the purpose in view, to follow all the events of her
chequered career, especially all those that relate to the government and
politics of Scotland, 2 This will therefore not be attempted. Her marriage
with Angus was the signal for jealousy and discord. By the will of the late
king her regency was to terminate upon the occasion of her re-marriage,
and the council was not slow to carry out that provision.
On 18th May 1515, the Duke of Albany landed at Dumbarton from
Fiance. He at once summoned a parliament,* which restored to him his
estates, declared him Duke of Albany and Earl of March, and appointed him
regent during the king's minority. This parliament also declared that the
queen had forfeited the regency and guardianship of her children by her
second marriage, a decree enforced on 4tli August 1515. The position of the
queen, now deprived of her power and of her children, and from this time
watched and suspected, was anything but comfortable. She changed her
residence from place to place. On 23rd September, to avoid falling into the
hands of Albany, she crossed the border, and at Harbottle gave birth, on
30th October, to Lady Margaret Douglas, the future mother of Henry,
Lord Darnley. Thereafter she went with Angus, her husband, to London.
She appears to have meditated remaining there, as she applied to have her
jewels and rents transmitted to her in England. The lords of the council of
1 The Red Book of Menteith, vol. i. p. Ixii. in the memoir of her husband, the Earl of
History of the House of Drummond, pp. 135- Angus, in The Douglas Book, vol. ii. pp. 17S-
1.36. Letters and Papers, etc., Henry viii., 258.
vol. ii. Nos. 704, 779, 1830. 3 Letters and Papers, etc., Henry viii.,
- This is already done, to some extent, vol. ii. No. 559.
THE queen's reconciliation WITH ANGUS. 59
Scotland wrote her on 29th September 1516, with a list of her jewels
delivered to her procurators, and about her other property and rents.
Some goods she demanded, they said, were the king's property, which they
were content she should have, if she came to Scotland and accepted ofBce as
his executrix, and paid his debts.^ The queen remained in London from
3rd May 1516 till ISth May of the following year. She then ventured to
return to Scotland, which she entered by Lamberton Kirk on 15th June
1517,2 but only after hearing of the departure of Albany from its shores for
France.
At Lamberton Kirk, where formerly, as a bride, in 1503, she was met by
the Scottish nobles, she was now, fourteen years later, and in very different
circumstances, met by Angus and others. Angus there renewed an obliga-
tion to the queen, come under at their marriage, that he would not intromit
with the letting of her conjunct fee or other lands, nor receive the revenue or
profit of them. He also consented that Thomas, Lord Dacre, warden of tlie
marches, and Mr. Thomas Magnus, archdeacon of the East Riding, English-
men, and Alexander Craufurde, master of St. Antony's, beside Leith, and
Robert Carre of Selkrigge, Scottish men, should possess and exercise the
powers in the premises he could claim. All this he promised upon his
honour. This obligation being produced in the court of the ofhcial of St.
Andrews, in the archdeaconry of Lothian, the official caused a transumpt of
it to be made. The obligation is dated 15th June, fourth year of the king's
reign. The transumpt is dated 9th November 1518.^
Queen Margaret was anxious again to have the regency of the kingdom.
Even Albany, who had found the position a thankless one, favoured her
obtaining it.* But the queen insisted that Angus, her husband, should be
' National Mss. of England, vol. ii. No. viii. 387. Ninth Report to tie Historical Com-
- Letters and Papers, etc., Henry viii., missioners, Part ii. No. 38, p. 191.
vol. ii. No. 3365.
2 Transumpt in Eljjhinstone charter-chest. * Queen Margaret to Loid Dacre, Caligula,
The Douglas Book, vol. iii. No. 309, pp. 386- B. i. p. 247.
60 MARGARET TUDOR, QUEEN OF SCOTLAND, U89-1539.
joined with her iu the office ; but this the lords would not allow. The
queen's devotion to her husband was, however, soon shaken. In August
1518 she learned that he had been unfaithful to her. He had carried off
a lady to Duuglasdale, described by Godscroft as a daughter of the laird of
Traquair, whom he entertained there. The queen formed a determination
to obtain a divorce.^ This was opposed by her brother, who induced her,
against the advice of Arran and other lords, to return to Angus. The
reconciliation was at least outwardly cordial. In October 1519, when she
visited her son at Edinburgh, Angus, with four hundred horsemen, met her
and escorted her there in great state ; and her entry to the city was " with
great triumph, in shooting of guns, and great melody of instruments playing."^
Soon after this rumours, questioning the faithfulness of Queen Margaret
to her husband, got abroad, and from being the accuser she came to be her-
self accused. If the rumours originated with King Henry, Wolsey, and Dacre,
as they certainly were circulated by them, they are the less to be believed, as
the queen was not in favour with them at the time. The queen was repre-
sented as closeted with Albany during the greater part of the night as well
as during the day.^ Margaret, who had been denied the support of England,
had looked to France, and invited Albany to Scotland, where he arrived on
19th November 1521. The queen acted with Albany during his regency
now again resumed, and which lasted until his final return to France on
20th May 1524. It was apparently during these years that a picture of
Albany and the queen, now in the possession of the Marquess of Bute, was
painted. In the picture Albany, with his rich fur-trimmed robe, stands
facing the queen. For what reason, or on what particular occasion the
picture was made, it is impossible to conjecture.^
' Leslie's History of Scotland, p. 113. * There are several engravings of this
Pinkerton, vol. ii. p. 173. interesting and celebrated painting. The
- Letters and Papers, etc., Henry VIII., earliest of these, and a very excellent one,
vol. iii. p. 4S2. by Edward Harding, will be found in Pinker-
2 Tytlers History, vol. iv. p. 136. tons Scottish Gallery of Portraits, 1799.
MARRIAGE WITH HENRY STEWART, LORD METHVEN, 1526. 61
Whatever may be said of the extent and propriety of Margaret's relations
with Albany, it became only too evident that her affection for Angus was
hopelessly gone. This was placed beyond a doubt when, immediately after
Albany's departure, she became enamoured of Henry Stewart, second son
of Andrew, second Lord Avandale. She made him first treasurer, and then
chancellor of the kingdom, and then, in March 1526, obtaining a divorce, she
married him. She also procured his appointment to be lieutenant under Lord
]\Iaxwell, the captain of the guard, of two hundred men who had the care
of the Icing's person.^ Other appointments were added to these. He was made
director of chancery for life on 3rd September 1524,^ and master of the king's
artillery during peace and war on 17th December of the same year.* The
first of these commissions passed under the great seal, and the second, which
is stated to be with consent of the king's mother, passed under the quarter seal.
On 3rd May 1524, Queen Margaret received the ward and non-entry of
the lands, annualrents, and other goods which belonged to the late Alexander,
Earl of Huntly, and which, by his decease, were fallen to the king, together
with the relief of the said lands and others, when it should happen ; also the
marriage of George Gordon, nephew and heir of the late earl above named,
which failing, by decease or otherwise, unmarried, the marriage of the heir or
heirs male or female whomsoever of the said earl succeeding to him in his
heritage. The letters of gift by King James the Fifth were given with
consent and authority of John, Duke of Albany, the king's tutor and pro-
tector, and governor of the realm, and under the privy seal. Confirmation
was given on 27th January 1524-5 under the quarter seal*
Pinkerton thinks tte picture is partly satiri- Scotland, 1892-3, vol. xxvii. Plate iv., between
cal, and that it was probably painted in the pp. 1S6-I87. There is also a reproduction of
north of England. There are later engrav- the portrait of Albany from this picture iu
ings of the picture in Small's Introduction to Anderson's Scottish Nation, vol. i. p. 51.
the Works of Gavin Douglas, vol. i., between i Book of Carlaverock, vol. i. p. 175.
pp. xc-xci; in Grant's Old and New Edin- 2 Original Letters by King James the Fifth,
burgh, CasseU's Edition, vol. i. p. 44 ; and in in the Elphinstone charter-chest,
the Proceedings of the Society of Antiquaries, 3 /j,-^;, 4 Original, ibid.
62 MARGARET TUDOR, QUEEX OF SCOTLAND, 1489-1539.
Oil 20th June of the following year the queen made Henry Stewart lier
cessioner and assignee of the subjects above recited. In the notarial instru-
ment containing this grant, she revoked all others previously made thereof in
favour of James, Earl of Moray, or any other person. The instrument, which
was executed at the chapel-royal, in the castle of Stirling, bears the queen's
signature.^
This instrument was followed by another, dated 18th August 1525. In
it the queen, who appeared before the notary, mentions with grief her
troubles, to wit, many hindrances arising from schism in the kingdom
through rivals of her sovereignty, etc., that she was pursued with hatred
for her destruction, and compelled to leave the south parts of the kingdom
and to stay in Moray. She also records her grant made formerly to Henry
Stewart of the ward, relief and non-entry of the lands of the late Alexander,
Earl of Huntly, with the marriage of George, now Earl of Huntly. This grant
she confirmed, declaring it to be for the benefit of her Serenity, and protesting
that if anything were done at the request of James, Earl of Moray ,^ by her
against the terms of that gift, it should not prejudice it, being done through
fear. This instrument was made in the burgh of Elgin, in the manse or
hospice of the canonicate of Duffus, situated within the canonry of Moray.*
Between the date of this instrument and the close of the year 1527, a
period of two years, there are other seven similar instruments confirming, for
the most part, the gift above described to Henry Stewart. Only some of
these need be here noted. In one of them, dated 18th February 1525-6, the
queen, after narrating that she had constituted Henry Stewart her assignee
to the ward of Huntly, appoints him her assignee to a formal act between
her and Eobert Bertoun of Over Bertoun, comptroller, dated 6th May 1525.
The act which is given, is to the effect that the comptroller bound himself to
■ Original in Elphinstone cbarter-cheat. of Moray," have added to them the wolds
2 There is another instrument in the same " and in favour of him."
terms, dated 1 3th October 1525, where tlie
words "done at the request of James, Earl ^ Original in Elphinstone charter-chest.
THE WARD OF HUNTLY ASSIGNED TO HENRY STEWART. 63
the queen that, as she had left the Earl of Himtly with the king to remain
with him, he would deliver the said earl to her when required, under the pain
of 20,000 merks Scots. This instrument, which is dated at the castle of
Hamilton, as the queen's place of residence for the time, is subscribed
" Margaret E." ^
In another instrument, dated 2nd October 1526, the queen ratifies to
Henry Stewart the ward of Huntly, by way of recompense of the great
sums of money spent by him and his friends in her service, because she could
not recompense him in any other way. This instrument explains that for her
liberation and safety from imminent and evident perils of her person and her
familiars through the hatred and persecution of Sir Archibald Douglas, Earl
of Angus, and his kindred, she had been compelled by letters and writings
from him to give him the grant of the ward of the before mentioned lands of
the Earl of Huntly. The queen now gave her corporal oath that, as she was
compelled to such assignment through fear and against her good, she there-
fore revoked such grant. The instrument is dated from the castle of Stirling.
James Stewart, brother-germ an of Andrew Stewart, Lord Avandale, is one of
the witnesses.^
Other two instruments, both dated 8th December 1527, confirm the right
of Henry Stewart to the ward of the lands of Huntly. In one of them
the queen renounced all pretended assignations made by her to the Earl
of Angus, or James, Earl of Moray, before the divorce between her and
Archibald, Earl of Angus; and by Archibald, Earl of Angus, to himself or
James, Earl of Moray. One of the instruments, done at the palace royal at the
monastery of Holyrood, near Edinburgh, is signed " Margaret E." The seal
which had been affixed is wanting. The other, done in the castle of Stirling,
has her large seal appended, but the instrument is not signed.^ The follow-
ing is a description of the seal : — Circumscription, " Margareta Eegina Scocie."
Shield impaling the arms of Scotland, and those of France and England
' Original in Elpbinstone charter-chest. ' Ibid. ^ Ibid.
G-t MARGARET TUDOR, QUEEN OF SCOTLAND, 1489-1539.
quarterly ; supporters, dexter side, a unicorn ; sinister, a greyliounJ — sur-
mounted by a large royal crown. On the top is a cross. On each side of
the shield between the supporters is a rose.
In 1528 King James the Fifth freed himself from the tutelage of the
Douglases, and asserted his right to govern the kingdom. Queen Margaret con-
tributed unwittingly to bring this about. The plan of the king was to escape
from his tutors to Stirling Castle, and there surround himself with his friends.
The castle belonged to the queen as part of her dower. Without informing
Queen Margaret of his purpose, the king prevailed with her to renounce to
him the castle in exchange for the lands of Methven, in Strathern, which he
said he would make over to Henry Stewart, her husband, with a peerage.
The project of the king succeeded, and on 17th July, about a fortnight
later, he granted a charter to Queen Margaret and Henry Stewart, her
spouse, of the lands and lordship of Methven, with the castle, etc., in the
sheriffdom of Perth, to be held by them and the survivor of them in conjunct
fee, and the heirs-male of their bodies ; whom failing, to revert to the king.^
The king also, on 18th September 1528, granted a charter under the quarter
seal in favour of his cousin, Henry Stewart, Lord of Meffane, in respect of his
good, faithful, and gratuitous services, and in recompense of the enormous
loss, damage, and expense sustained by him in the king's service and for his
cause. The charter confirmed to him an assignation in his favour by the
king's dearest mother of the ward, relief, and non-entry of the whole lands
and earldom of Huutly, with the marriage of the heir or heirs male or female.
It also confirmed the king's own gift to him on the same subject.^
In December a treaty of peace for five years was concluded with England,
and on February 15th, 1529, Queen Margaret wrote to King Henry, thanking
him for his consideration for her interest manifested in that treaty.^ During
1 Register of the Great Seal, vol. iii. No. 614.
- The precept for the charter is dated 6th September 152S. Original precept and charter
in Elphiustone charter-chest.
^ The National Mss. of England, vol. ii. No. xxii.
THE KING AND QUEEN's VISIT TO LOCH LOCH, 1529. 65
the year 1529 King James the Fifth and Queen Margaret, his mother, made
a visit to the Earl of Atholl. In honour of his royal guests, the earl built a
palace for them on Loch Loch — a lonely spot. He also spared no cost in
entertaining them. When they vacated the beautiful palace, on their depar-
ture it was burned to the ground, much to the astonishment of the pope's
nuncio, who was present, and who was unaware of the practice of the High-
landers to burn such temporary buildings. The exact site of this building is
not now known. Tom nan Ban, i.e. Queen's Knoll, the name of a hillock
close to Loch Loch, probably refers to Queen Margaret and her visit there.^
Other charters may be noticed as relating to Queen Margaret and Lord
Methven. The latter, on 20th September 1529, received from the king the
lands of Cockburnspath and Bowscheill, in the shire of Berwick.^ On 3rd
October 1531, he and Queen Margaret received a precept of sasine of the
lands and lordship of Methven and Balquhidder, in the shire of Perth, which
they had resigned in the king's hands.*
On 14th October 1539 Queen Margaret, with consent of her husband,
Lord Methven, granted a lease to John of Cragyngelt of that ilk of the
coalheugh of Skeoch, in her lordship of Stirlingshire. The lessee engaged to
supply the queen at her lodging, in Stirling, with 200 loads of coal yearly,
and 100 loads in addition if the coalheugh prospered. The lease is signed
" Margaret E." and " Henry, Lord Methven." * The queen's small signet is
impressed on the paper. It is a shield surmounted with the royal crown,
with the letter M on one side and R on the other side of the shield. The
arms on the shield are too indistinct to be deciphered.^
1 History of Scotland, by Robert Lindsay of ship, in the Elphinstone charter-chest. It is
Pitscottie, 3rd edit. pp. 226-228. Sixth Report unnecessary, however, to notice them.
to the Historical Commissioners, p. 689. ^ j^ tjje Hamilton Papers in the British
2 Original in Elphinstone charter-chest. Museum, London, there are several small
^ I^'id. wafer signets of the queen. In letters from
* Iliid. There are several other charters 4th March 1.534 (32,646, f. 40) to 18th July
relating to Queen Margaret and Lord Meth- [1536] (f. 89), her signet gives Scotland
ven, and also to the second wife of his lord- impaling France and England quarterly on a
VOL. I. I
66 MARGARET TUDOR, QUEEN OF SCOTLAND, 1489-1539.
Besides Stirling Castle, the queen had Doune Castle as part of her dower
possessions. She had no small trouble with the keeper of this castle. On
29th September 1520, William Edmonstone of Duntreath obliged himself to
safely keep the castle and be ready to receive the queen and her son, the
king, in the castle at her pleasure, the queen bearing her own and her son's
expenses. Nearly five years later the royal owner of the castle charged
Edmonstone to make ready to receive her. He replied that he would receive
her and her gentlewomen, but not her servants. The queen hereupon raised
letters against him, and obtained a decree of the council for him to deliver up
the castle within forty-eight hours. This was followed by a charge from King
James to comply with that decree, or else he would come in person and take
the castle from him. Edmonstone replied that he would always obey the
king, and that he would bear his answer to His Grace himself. After other
proceedings the queen gave a commission to James Stewart, brother german
of Andrew, third Lord Avondale, to be her steward of the lordship of Menteith
and captain of the castle of Doune, for her lifetime, in place of Edmonstone.
This occurred in 1527. The appointment was confirmed by the king on
14th July 1528. Edmonstone, however, did not even then relinquish his
ofdce ; and not till 10th November 1531, when articles of agreement between
the rival captains of the castle were confirmed, was the dispute at an end.
Queen Margaret by her marriage with Lord Methven had one child, who
died in infancy. The queen herself died in June 1541, in Methven Castle,
at fifty-two years of age. She was buried with great pomp in the church
of the Carthusians in Perth.
shield surmounted with a crown. In the with au imperial crown above and M. R. at the
Duke of Montrose's charter-chest there is a sides of the shield. From behind the shield
receipt by the queen and Lord Methven sealed a thistle rises on the one side and a rose on
with a wafer seal as that in the text. Later, the other (Letter of Sth March [1536-7],
however, the queen adopted a new design, f. 109, and Letter, 28th February [1540-1],
which gives Scotland impaling France in add. ,32,646, f. U7). The wafer signet in the
chief and England in base on a shield, the text in all likelihood carries this last design,
shape of which points to a foreign influence, [Hamilton Papers, vol. i. pp. 43, 65, 66.]
CHILDREN BY KING JAMES THE FOURTH.
67
By King James the Fourth, her first husband, Queen Margaret had four sons and
two daughters, but only one of their children, Prince James, afterwards King James
the Fifth, survived to reach mature years. Prince James, their first child, who was
born on 21st February 1507, died on 15th February 1508. Isabella Elphinstone,
daughter of Sir John Elphinstone of Elphinstone, and sister of Alexander, first Lord
Elphinstone, was nurse to this prince. After the birth and death of a daughter, her
second child, in 1508, Prince Arthur was born on 20th October 1509. It was at the
baptism of this prince that Alexander, first Lord Elphinstone, was raised to the peerage.
The prince died on 13th July 1510. Prince James, who became King James the
Fifth, was born on 11th April 1512. Other two children were born of the marriage
with the king after this. The first was a daughter, who died in infancy, and the
second was Alexander, Duke of Rothesay, who was born on 1 3th April 1514, and
died on 18th December 1515.
MARGARET TUDOR, QUEEN OF SCOTLAND, 1489-1539.
ELIZABETH BARLOW, FIRST LADY ELPHINSTONE. 69
Elizabeth Barlow, First Lady Elphinstone.
Elizabeth Barlow, Lady Elphinstone, and Queen Margaret Tudor, wife to
King James the Fourth, came to Scotland together, the former as maid of
honour to the Queen. They were subsequently both made widows in one day
by the same national calamity, their respective husbands having fallen at
Flodden.
Soon after the death of her husband, Alexander, Lord Elphinstone, Lady
Elphinstone entered into an indenture with John, sixth Lord Forbes, dated
at Perth, 19th January 1514-15, with reference to a projected marriage
between the families of Forbes and Elphinstone. In the indenture Lord
Forbes acknowledges having received from Lady Elphinstone one thousand
merks, " quhairin," he says, " sche is oblist to me for mareage to be endit be-
tuix my barnis and the barnis gottin vpone hir be vmquhill Alexander, Lord
of Elphinstone." His lordship obliges himself, iu default of the said marriage,
to deliver two thousand merks to Alexander, Lord Elphinstone, her ladyship's
son, and engages not to claim, receive, or intromit with any of the maills
or ferms of her ladyship's terce or conjunct-fee lands on the south side of
the Tay, but that she should freely dispone thereupon at her pleasure during
her life.
This indenture bears to have been preceded by another between the
same contracting parties, dated at Stirling, 14th January, or five days earlier
than the present, and the obligations come under by Lord Forbes above
mentioned are said to be in accordance with it. The indenture of 19th
January further proceeds to state that Lord Forbes, understanding that " my
mareage with the said noble ladie is to the greit weill and commodetie of me,
my hous, and barnis, and being of mind that perfyte ametie, gvdwill, and
freindschip, sail stand and be interteynit betuix me, my posteretie and
freindschip, and Alexander, now Lord Elphinstoun, his posteretie and freind-
schip, and that the variance betuix ws anentis the marchis of certane our
70 ELIZABETH, FIRST LADY ELPHINSTONE.
landis in the uorthe be knawin and put to ane point," he for himself and his
heirs, for the causes foresaid, and at the earnest request of Lady Elphinstone,
and she taking the burden upon her for her son, Lord Elphinstone, describe
the marches of their proper lands, which they declare " ar the veray just,
trew, and vndowtit methis and rychtous marchis" betwixt Lord Forbes' lands
and barony of Forbes, Carndurg and Kerne and Lord Elphinstone's lands
and barony of Kildnimniy, Achindoir, and Deskie, all situated in the shire of
Aberdeen. The witnesses to the indenture are John Forbes of Pitsligo,
Robert Callender of Maner, Eobert Bruce of Carnok, David Bruce of Kinnaird,
William Forbes and Sir William Christeson. The indenture was prepared
in duplicate, and on the duplicate retained by Lord Forbes, the signature and
seal of Lady Elphinstone were added. The duplicate retained by her ladyship
contains the signature " Jhone Lord Forbes," who undertakes to afBx his seal
to it within fifteen days after Lady Elphinstone's first visit to Kildrummy.
The seal has not been added.^
The indenture is a peculiar family arrangement for a marriage between
the children of the contracting parties, and also, at the same time, for one
between the parties themselves. Lord Forbes and Lady Elphinstone were
married. Their marriage must have taken place between the date of the
indenture 19th January 1514-15 and 29 th July following, when King James
the Fifth granted a charter of confirmation to John, Lord Forbes, and Eliza-
beth Berlay, his spouse, of the lands and barony of Fudes, in the shire of
Aberdeen, which John, Lord Forbes, had resigned. The lands and barony of
Fudes are to be held by John and Elizabeth and the survivor of them, with-
out division in conjunct fee, and by the heirs of the said John, Lord Forbes.^
The marriage between the children of the two families proposed in the
indenture of 1514-15 did not take place. On 13th February 1522-3 Elizabeth
Elphinstone, daughter of Elizabeth Barlow and Alexander, first Lord Elphin-
■ Original indeuture of 19th January 1514-15, in Elphinstone charter-chest.
2 Register of the Great Seal, vol. iii. No. 33.
DEATH OF ELIZABETH, FIRST LADY ELPHINSTONE, C. 1522. 71
stone, appeared before a notary and required John, Lord Porbes, to cause
John Forbes, his son and apparent heir, to contract marriage with her in face
of holy church, because they had exceeded marriageable age to the space of
one year, and this in accordance with indentures between the foresaid lord
and the late Elizabeth Barlow, Lady Elphinstone, mother of the said
Elizabeth Elphinstone, She protested solemnly that, if he did not cause
his son to do this, she should recover from his lordship the sum of two thou-
sand merks and interest. Elizabeth Elphinstone afterwards, and before 3rd
August 1528, married David Somerville, eldest son and heir-apparent of
Thomas Somerville of Plane. On that date she and her husband received a
charter of a seventh part of a fourth part of Erthbeg, then called Elphinstone,
from her brother, Alexander, second Lord Elphinstone, and his curators.*
Elizabeth Barlow, Lady Elphinstone, died before 13th February 1522-3, when,
as shown above, she is said to be dead.
' Original charter in Elpliinstoue charter-chest.
72
XII. — Alexander, second Lord Elphinstone.
Catherine Erskine, daughter of John, fourth Lord Erskine, his "Wife.
1513-1547.
Alexander, second Lord Elphinstone, was born on 22nd May 1511.i He
was little more than two years old when his father, Alexander, first Lord
Elphinstone, fell at Flodden, on 9th September 1513.
Two days after his entry into England on his fatal expedition, or on 24th
August 1513, King James the Fourth, at Twiselhaugh, in Xorthumberland,
assembled the lords present with the army in parliament, and passed an Act
ordaining that the heirs of those who should die or be slain in the war should
have their ward, relief and marriage, due to the king, free, irrespective of
their age.^ As Alexander, second Lord Elphinstone, as heir to his father,
came under this category of heirs, he reaped the benefit of this statute.
The Elphinstone estates were in this way relieved from the exaction of
non-entry duties during a long minority, which must have amounted to a
considerable sum. But one immediate result beneficial to Lord Elphinstone
arising from this provision was that, while still an infant, he was retoured
heir to his father in his lands and possessions. There were two retours
of service granted to him. One of these was in the lands and barony of
Elphinstone, with the tower, fortalice, and pertinents of the same, and the
lands annexed thereto, which were Pitteudreich, Cragrosse, Quarell, Cragorth,
Gargunnock, Carnok, Playne, and other lands. The retour, which is dated
at Perth, 27th October 1513, states that his lordship was not of lawful
age, except by virtue of the act of dispensation graciously made by the
late king at Twischile. It explains also that, with the exception of the
' Birthday Book, in Elphinstone charter-chest.
- Acts of the Parliaments of Scotland, vol. ii. p. 278.
SERVED HEIR TO HIS FATHER, 1513. 73
lands of Cragorth, which, being conjunct infeftment lands, were in the
bauds of Elizabeth Barlow, Lady Elphinstone, the whole lands and others
were in the hands of the lords superior, for the space of six weeks
or thereby, because of the death of the late Alexander, Lord Elphinstone, in
the field of battle, under the standard of his late sovereign lord the king, in
Northumberland, in defence of his person ; and because the true heir had not
prosecuted his right. William, Lord Ruthven, as sheriff of Stirling, by
special commission from King James the Fifth, presided at the inquest for
the service, which consisted of Patrick Butter of Gormok, Thomas Charteris
of Kinfavnis, David Scrymgeour of Fordall, and others.^
Lord Elphinstone was also on the same day and at the same place, by the
same court of inquest, presided over by Lord Euthven, this time as sheriff of
Perth, served heir to his father in the lands of Little Fordale, the six merk
land of Kildeny, the five merk lands of DunbuUis, the mill of Kippenross, all
in the sheriffdom of Perth. These lands and mill were in the hands of the
lords superior for the time and reasons already assigned.^
Sasine followed upon these retours. Upon a precept by the king directed
to John Cragingelt, sheriff of Stirling in that part, dated 2nd November 1513,
the latter, taking security for 140 merks of relief, gave sasine to James
Spetaile of Blairlogy, attorney for Lord Elphinstone, of the barony of Elphin-
stone, on 8th November 1513, at the principal messuage of the barony and
tower of Elphinstone.^ Sasine was also given of the lands of Drumbullis, in
the shire of Perth. In this case the sasine proceeded upon (1) a power of
attorney by the king appointing Alexander Elphinstone, John Wilson, and
* Original retour in Elphinstone charter- this sasine occurs, and is to the following
<;he3t. 2 Ibid. effect :- The sheriff is to answer for £100 of
^ Original sasine, ibid. The extant Re- relief of the land and barony of Elphinstone,
sponde Books, which begin in the year 151,3, with tower, etc. ; and for £10 of relief for
and contain the sheriffs' acconnts relating to the lands of Gargunuok, Carnok, and Playne,
tlie feudal pajments of Crown vassals on due to the king by sasine given to Alexander
, are printed in the Exchccjuer Elphinstone of the same, 29th October 1513.
Rolls. In these books an entry referring to [Exchequer Rolls, vol. xiv. p. 519.]
VOL. I. K
74 ALEXANDER, SECOND LORD ELPHINSTONE, 1513-1547.
others, attorneys of Alexander Elpliinstone, son and heir of the king's late
cousin, Alexander, Lord Elphinstone, dated 26th September, first year of the
king's reign [1513]; (2) a precept by "William, Lord Eowthwan, sheriff of
Perth, to give sasine to Alexander, Lord Elphinstone, son and heir of umquhile
Alexander, Lord Elphinstone, of the five merk lands of DrumbuUis, and of
the mills of Kippenross, in the shire of Perth, dated at Perth, 15th February
1513-14. The sasine, which was given to the attorneys, is dated 11th
November 1514.^
Besides receiving sasine of the lands above described. Lord Elphinstone,
as heir to his father, also received from James Cunynghame, lord of the
barony of Polmais-Cunynghame, sasine of a fourth part of the lands of
Erthbeg, now called Elphinstone, situated in the barony just named, and
sheriffdom of Stirling.^
Having succeeded to his father in his lands and baronies, Lord Elphin-
stone was also confirmed in other holdings which belonged to his father.
This was done in letters of approbation, under the privy seal, by which the
king, with advice of his mother, the queen, and the lords of council, ratified
all letters of tack and assedation made by the late king to the deceased
Alexander, Lord Elphinstone, and Elizabeth Barlow, his spouse, upon lands
and " other thingis." These letters of approbation are dated at Edinburgh,
21st February 1513-14.3
' Original sasiae in Elphinstone charter- Kildrummy. The entry bears that the sheriff
chest. In the Resijonde Books the sheriflF is to answer for £100 of the ferms of Kil-
ls answerable for 2d. silver for duplication drummy, with tower, etc., advocation of the
of the ferms of five merklands of Dun- church of Innernochty and chapel of Den,
bidlis, and for 2d. silver for duplication of etc., being in the king's hands by demission
the ferms of the mill of Kippanros due to of Elizabeth Barlow, Lady Elphinstone, and
the king by sasine given to Alexander Elphin- for £200 relief of the same due to the king
stone of the same, nth October [151;!]. [Ex- by sasine given to Alexander Eljihinstoue,
chequer Rolls, vol. xiv. p. 519.] There is no 11th July, year foresaid [1514]. [Ibid. vol.
similar retour and sasine relating to Kil- xiv. p. 562.]
drummy in the Elphinstone charter-chest. - Original sasine, dated 2nd November
The Responde Books show, however, that 1514, in Elphinstone charter-chest.
Lord Elphinstone at this time was infeft in ^ Original letters, ibid.
WILLIAM ELPHINSTONE, TUTOR OF ELPHINSTONE, 1516. 75
Hitherto Lord Elphinstone has been represented by attorneys, specially
appointed, who have acted for him. In an indenture between John, Lord
Forbes, and Elizabeth Barlow, Lady Elphinstone, now to be referred to, the
latter acts for him in a matter affecting the boundaries of Kildrummy. This
indenture, which is in the vernacular, has already been partly described in
the notice of Lady Elphinstone which precedes this memoir. It provides for
a marriage between the children of the respective families of Forbes and
Elphinstone, in default of which marriage. Lord Forbes was to pay to Lord
Elphinstone 2000 merks. It also deals with the marriage of Lord Forbes to
Elizabeth Barlow, Lady Elphinstone. On the ground of these projected
matrimonial connections. Lord Forbes desired that goodwill should subsist
between him and Alexander, Lord Elphinstone. As there was a variance
between them regarding the marches of certain of their lands, Lord Forbes,
at the solicitation of Lady Elphinstone, and she, for herself, and taking
burden upon her for her son, Lord Elphinstone, agreed and declared what
were the just marches between the lands and barony of Forbes, Carndurg,
and Kerne, and Lord Elphinstone's lands and barony of Kildrummy and
Auchindoir and Deskie, in the shire of Aberdeen. These were as follows : —
" Begynnand at the watter of Bogy, at the inpassiiig of the stryip of the Flockhil-
(loun in the said wattir, passand south or thairby vp the said stryip to the hill held
quhairfra tlie same rynnis, and hald west the hill heid as wynd and wedder schears to
the heid of the Flewchebad, and thairfra descendand northwest, or thairby, to the
bume of Doskye, and doua the said burne till it cum to the wattir of Mosset, and doiui
Slosset till it cum to the wattir of Don." ^
It now became necessary to have a tutor appointed during the minority
of Lord Elphinstone. William Elphinstone, canon of the cathedral church
of Aberdeen and prebendary of Clatt, who was the third son of James
Elphinstone and brother of Sir John Elphinstone of Elphinstone, knight, and
also uncle of Alexander, first Lord Elphinstone, received the appointment.
' Original indenture in duplicate, dated at Perth, 19th January 1514-15, and signed
" Jhone Lord Forbes," in Elphinstone charter-chest.
7G ALEXANDER, SECOND LORD ELPHINSTONE, 1513-1547.
The letters of tutory by the king, which were under the quarter seal, are dated
at Edinburgh, 2Sth November 1516. They state that by inquest it was found
tliat William Elphinstone was the nearest agnate or kinsman on the father's side
of the late Alexander, Lord Elphinstone, that he exceeded twenty-five years of
age, and that he was not the nearest heir to succeed in case of the death of
Lord Elphinstone, who had brothers and sisters, minors ; and also that who
would be fitter on the mother's side with whom he might be brought up until
he came of age was not known, as liis mother was not of Scotch nationality.^
Although the formal appointment of William Elphinstone as tutor and
administrator to Lord Elphinstone dates only from 28th November 1516,
he appears to have acted in that capacity for a period exceeding two years
previous to that appointment. The following entry in a short inventory of
Elphinstone writs of house property in the town of Stirling is conclusive on
this point : —
" Alexander, the second Lord Elphinstone, his sesing takin be his tutor, the parsoun
of Clatt, of Redheuche and Thomsouues teuementis with the yairdis. Daitt 1514, viii of
May. Notair, Edvard Spittell." 2
The appointment of William Elphinstone as tutor of Elphinstone was
not allowed to pass without protest. Mr. Eobert Elphinstone, rector of Kin-
cardine, who probably was the son of Thomas Elphinstone and grandson of Sir
John Elphinstone of Elphinstone, as he is described "cousin" of Alexander,
second Lord Elphinstone, considered that he had stronger claims to the position.
A protest which he made led to the resignation of William Elphinstone and
the substitution of Mr. Eobert Elphinstone in his place. This change was
effected before 11th October 1520, when the collation took place of Alex-
ander Elphinstone in the canonry and prebend of Innyrnochty by the bishop
of Aberdeen on the presentation of Lord Elphinstone, with consent of Eobert
Elphinstone, rector of Kincardine, and " tutor to the foresaid lord." ^
' Letters of tutory, in Elphinstone cliarter-chest. 2 Original inventory, iVw'c?.
' Il.'gistcr of Aberdeen (Maitlaud Uiil>), vol. i. ji. .380.
CONTRACT OF MARRIAGE WITH CATHERINE ERSKINE, 1525. 77
On 15tli May 1524 Mr. Robert Elpliiustone, as tutor of Elpliinstoue, took
steps for the redemption of the five merks' worth of land of the town of
Ciagorth. The lands had been sold, under reversion, on 16th December
1506, by Sir John Elphinstone of Elphinstone, kniglit, to the late Nicholas
Cristesone, burgess of Stirling.^ The heirs and assignees were apparently
unwilling to have the lands redeemed, as they did not put in an appearance
to receive the money. In these circumstances, Mr. Eobert Elphinstone laid
down upon the high altar of the parish church of Stirling one hundred merks,
which he consigned to the town of Stirling for the redemption of the lands
and the profit of the heirs of Nicholas Cristesone. A receipt for the money
was granted by Alexander Foster, provost of Stirling, Eichard Name, and
Alexander Watsoun, bailies of the burgh, the two first of whom subscribe the
receipt.^
Although Lord Elphinstone was still young and under age, he entered
into a contract of marriage with Catherine Erskine, daughter of John, fourth
Lord Erskine.^ The contract is dated 20th November 1525, at which time
Lord Elphinstone was little more than fourteen years of age. The matri-
monial connection between the Erskine and Elphinstone families, which had
been anxiously contemplated in the previous generation, as shown in
the memoir of the first Lord Elphinstone, was deferred, according to the
wishes of King James the Fourth and his queen, Margaret Tudor. The con-
nection, however, although postponed, was not finally renounced by either of
the families. It was now, after a lapse of twenty-three years, brought about in
the persons of the principal parties to this contract. The indenture was
made at Alloa between John, Lord Erskine, and Catherine Erskine, his
daughter, on the one part, and Alexander, Lord Elphinstone, with advice,
consent, and authority of his curators, Robert Calendar and Alexander
' Supra, p. 31. Catherine Erskine was daughter of Robert,
2 Original receipt in Elphinstone charter- third Lord Erskine ; but this is a mistake, as
chest. she is explicitly stated to be the daiigliter of
3 Several peerage writers have stated that John, Lord Erskine, in her marriage contract.
78 ALEXAN^DER, SECOXD LORD ELPHINSTOXE, 1513-1547.
Leviugstoun of Tereutaray, on the other part. The indenture, besides
arranging the marriage, practically deprived Mr. Eobert Elphinstone, tutor
of Elphinstone, of the control and management of the Elphinstone estates,
and gave that power and authority for the time into the hands of John, Lord
Erskine, the father-in-law of the young lord. The indenture provided that
Lord Elphinstone should marry Catherine Erskine in face of holy church in
all goodly haste. After the marriage was completed. Lord Elphinstone was
to resign his lands of Pittendreich, property and tenandry, into the king's
hands, for a regrant to himself and his wife and their heirs, in conjunct fee.
He was also to give the obligation or reversion made by the late James
Levingstoun of Dawders to the late Sir John Elphinstone of that ilk, knight,
of a piece of land in Pittendreich, the redemption of which rested upon the
payment of one hundred pounds to John, Lord Erskine, and Catherine, his
daughter, for redeeming of the same for the profit of Lord Elphinstone and
Catherine Erskine, in conjunct fee. This one hundred pounds, so employed,
was to count as part of the tocher to be paid to Lord Elphinstone, who was to
grant a discharge for it. Lord Erskine, on his part, was to pay Lord Elphin-
stone, as tocher, thirteen hundred merks at specified dates, extending over
seven years from the date of the contract. This sum was to be invested in
land for the mutual benefit of Alexander and Catherine and their heirs, in
conjunct fee, by the advice of Lord Erskine and Eobert Calendar, or any
other of their tender friends for the time.
Another provision of the marriage contract refers to the management of
the Elphinstone estates. By this provision Lord Erskine was to act with
Lord Elphinstone in defending his living and heritage, tacks, and others, and in
getting his heirship goods, with compt, reckoning, and payment of his tutor,
the parson of Kincardine. He was also to do, and cause his friends to do,
for the said Alexander, Lord Elphinstone, his tender kinsmen and friends, in
time coming. Lord Elphinstone, with advice of his curators, was to use the
counsel of John, Lord Erskine, in the rule and guiding of his living, and be
CHARTER OF PITTENDEEICH, 1526. 79
ruled and guided by him in all things, until he came of perfect age and had
discretion to rule and guide his living himself. On the other hand, he also
obliged himself to take part with Lord Erskine in all actions and quarrels,
and to do, and cause his kinsmen to do, in time to come for Lord Erskine and
his friends and kinsmen to the best of their power.
The marriage contract was prepared in duplicate, the duplicate retained
by Lord Erskine containing the signatures and seals of Lord Elphinstone and
his curators, and the duplicate retained by Lord Elphinstone containing the
signature and seal of Lord Erskine. Among the witnesses to the contract
are Alexander, abbot of Cambuskenneth, Mr. John Campbell, the king's
treasurer, and Mr. Alexander Erskine, parson of Monyabroch.^
The marriage of Lord Elphinstone to Catherine Erskine must have been
celebrated between 20th November 1525, the date of the contract, and 27th
February 1525-6, as, on the last of these dates, King James the Fifth granted
a charter of confirmation, with consent of the lords of his privy council, in
favour of his lordship and Catherine Erskine, his spouse, of the lands of
Pittendreich, in the barony of Elphinstone and sheriffdom of Stirling.
These lands, resigned by Lord Elphinstone, were to be held by him and
Catherine, his wife, and the survivor of them, without division, in con-
junct fee and heritage, and by the heirs of their bodies, whom failing, by
the nearest lawful heirs of Alexander, Lord Elphinstone, whomsoever, in
free barony .^ Sasine, proceeding upon a precept by the king, was given on
9th May 1526.^
The power and authority to manage and control the affairs of Lord
Elphinstone which was given to Lord Erskine could not have been agreeable
to Mr. Robert Elphinstone, tutor of Elphinstone. That he resented it became
soon apparent. He took possession of the Elphinstone charter muniments,
' Notarial copy of the marriage contract, ia Elphinstone charter-chest.
-' Register of Great Seal, vol. iii. No. 348.
2 Original sasine, in Elphinstone charter-chest,
80 ALEXANDER, SECOND LORD ELPHINSTONE, 1513-1547.
and refused to deliver them up unless compelled to do so. His attitude led
to a law-suit, in which Lord Elphinstone sought recovery of his charters.
He procured letters charging the tutor to deliver the charters, or appear
before the lords and show reasonable cause why he should not surrender
them. The tutor chose the latter course, when Lord Elphinstone appeared
by John, Lord Erskiue, his procurator, and Mr. Eobert Elpliinstone by Mr.
Henry Spittale, his procurator. With consent of parties, the lords of articles
ordained letters to be directed as before, requiring the tutor to produce the
cliarters in his custody before them on 7th December, that they might be
delivered to those having right to them.^ There is nothing to show how the
matter ended.
Lord Elphinstone made his first appearance as a member of the parlia-
ment of Scotland, held at Edinburgh on 3rd September 1528.^ It was this
parliament which summoned Archibald, sixth Earl of Angus, and passed an
act of forfeiture against him and the Douglases. Lord Elphinstone's name
does not again appear in the sederunts of parliament until 1540.
On 3rd August 1528, with consent of his curators, Eobert Callendar
of Maner and Alexander Levingstoun of Terenteren, Lord Elphinstone, for
love and favor, gave a charter to David Symmerwell, his brother-in-law,
and his beloved sister, Elizabeth Elphinstone, spouse of the said David,
and the survivor of them, without division, in conjunct fee, of a seventh
part of a fourth part of the lands of Arthbeg, now called Elphinstone,
in his barony of Elphinstone and shire of Stirling. The charter bears
the signatures of Lord Elphinstone, "Alex'. Lord Elphystoun w' my h'',"
and also of his curators above named.^
Other transactions now fall to be noticed relating to troubles which
Lord Elphinstone had in connection with his lands, tenants, and servants
in the county of Aberdeen, and the settlement of these. Three years after
' Acts of the Parliaments of Scotland, vol. ii. p. 313. - //>((/. p. 322.
3 Original charter in Elphinstone charter-chest.
CONTRACT WITH FORBES OF BRUX, 1531. 81
the last mentioned date, or on 3rd July 1531, Lord Elphinstone was at
Aberdeen, where he entered into a contract with Alexander Forbes of the
Brux. The contract is of the nature of a compromise, and settles an
outstanding dispute between the parties to it, and the satisfaction which
was to be given to his lordship. It narrates the considerations which moved
Lord Elphinstone to agree to the compromise therein stated. These were
that the laird of Brux consented never to intromit with the lands of Tuly-
skynnich, Ballanaboth, the Mylntoun and mill of Ballintymoir, and the
lands of Balnacrag and Balnaglak, pertaining in heritage to his lordship.
Another consideration was that the laird had found caution and the follow-
ing cautioners for observing the same, namely, Alexander Forbes of ToUeys,
Walter Innes of Towchis, Mr. John Forbes of the Bernis, and Eobert Forbes
of the Echt, who became security, conjointly and severally, under the pain
of 400 merks. The rents of these lands from 12th April 1525 until the
Whitsunday preceding the date of the contract, amounted to £208. Lord
Elphinstone agreed, on condition that the points of the compromise were
observed, to accept of £104 in full payment, and acknowledged having
already received £65, 14s. lOd. as part payment. It is also stipulated that
the laird of Brux would not offer any impediment to his lordship setting
any of the forenamed lands or any other of his lands, nor molest any of the
tenants who should take the lands in assedation.^
On 1st April 1535 Lord Elphinstone gave a procuratory to Humphrey
(Vnfra) EoUok to appear before William Lord Euthven, sheriff of Perth,
in the Tolbooth of Perth on 6th April ensuing and other days, and there
defend in all causes concerning his lordship that should be moved, and
especially in the cause moved against him by Sir John Campbell of Lundy,
knight, regarding an alleged wrongful uptaking of the duties of the lands
of Little FordeU in the sheriffdom of Perth. Because he had no proper seal
' Extract contract of compromit from the Books of Council, in Elphinstone charter-chest.
The extract contains the signature of Gavin Dunbar, bishop of Aberdeen, as clerk-register.
VOL. 1. L
82 ALEXANDER, SECOND LORD ELPHINSTONE, 1513-1547.
of his own present, he purchased the seal of a burgess of the burgh of
Stirling and affixed it to the procuratory.^
Humphrey RoUok, who received the procuratory above recited from Lord
Elphinstone, also received from his lordship an assedation and letters of
bailiary at the same time, bestowing upon him the keeping of the Castle
of Kildrummie and the office of bailiary of the lands and barony of Kil-
drummie with the mains and pendicles thereof for nine years from Whit-
sunday 1535. Previous to that date John Elphinstone had an assedation
from Lord Elphinstone of the same offices. Upon receiving his appointment,
Humphrey violently ejected John Elphinstone from the keepership and
bailiary on 23rd June 1535. John thereupon sought legal redress, and the
sheriff of Aberdeen, upon the case coming before him, ordained him to be
restored to these offices. Humphrey now appears to have caused Lord
Elphinstone to be summoned to answer in the matter. The officer of the
sheriff delivered the summons in a very summary manner, merely producing
what appeared to his lordship to be a sheet of white paper and saying, " You
are summoned to appear before the sheriff of Aberdeen and his deputes
on 8th June next." Lord Elphinstone required John Malcapy, the officer
in question, to furnish him with a copy of the summons and an inspection
of the letters by which he was summoned. This was refused. His lordship
then protested in presence of a notary for remedy at law.^ Lord Elphin-
stone did not put in appearance at the court, and the sheriff decided
against him in his absence. The case being carried to the privy council,
parties were summoned to appear before the king and council, on the last
day of March 1539, and to produce "the pretended proces and rolment
of court." Upon the case coming before the council, they reversed the
decision of the sheriff requiring John Elphinstone to be restored, upon the
• Original procuratory with seal afiSxed, in the Elphinstone charter-chest.
2 Original notarial instrument done in the Collegiate Church of St. Giles, Edinburgh,
dated 23rd May 1538, ihid.
HIS ATTENDANCES IN PARLIAMENT. 83
technical ground that at the trial only twelve persons had sat on the inquest,
the law and practice being that all inquests ought to have an odd number.^
The marriage of Euphemia Elphinstone, sister of Lord Elphinstone, with
John Bruce of Cultmalindie, took place about this time, and the marriage
contract was entered into by Lord Elphinstone on the one part and John
Bruce of Copmalinde on the other. In the contract, which is dated at
Elphinstone, 13 th April 1540, it was agreed that the latter should marry
Euphemia Elphinstone, sister to his lordship, in face of holy church, in all
goodly haste, for which Lord Elphinstone should pay him as tocher 400
marks at specified terms. John Bruce was to infeft Euphemia in the less
half of the whole lands of Copmalinde, with the half mill and pertinents,
holding of him and his heirs heritably. If Euphemia obtained the consent
of Lord Eoweuns (Ruthven), who was lord of the lands, John Bruce was to
infeft her and the heirs of their bodies in the whole lands of Copmalinde with
the mill and pertinents by charter and sasine. Because parties stood in the
fourth and third degrees of affinity to one another, which was an impedi-
ment to the marriage, John Bruce was to purchase a dispensation. -
Lord Elphinstone attended the parliaments which met at Edinburgh
on 10th December 1540,^ and again on 14th March 1540-1.* He was
also again in parliament on 28th June 1545.^ His name also appears on
the sederunt of the privy council, which was convened on 30th June 1545.^
On 20th April 1545 his lordship entered into an agreement with
Mr. Diones Chalmer, by which the latter undertook to resign the sixteen
oxengang of lands of the easter part of Easter Feddalis, and to infeft
> Original summons, dated at Edinburgh or else the date of cause had been altered to
12th February, 26th year of king's reign the 21st of March.
[1538-9], in Elphinstone charter-chest. Conf. 2 Extract contract of marriage, in Elphin-
Antiquities of the shires of Aberdeen and stone charter-chest.
Banfif (Spalding Club), vol. iv. jip. 231-2. 3 Acts of the Parliaments of Scotland,
The decreet of the council printed by the vol. ii. p. 356'\
Spalding Club is dated (21st March 1538-9). * Ibid. p. 368b. 6 Ilnd. p. 595b.
This is apparently a mistake for 31st March, » Register of the Privy Council, vol. i. p. 9.
84 ALEXANDER, SECOND LORD ELPHINSTONE, 1513-1547.
him therein. Lord Elphinstone agreed to bear the expense of the evidents,
which was to amount to forty shillings; to pay to Diones Chalmer
within the abbey of Lindores, upon " flitting " Friday, when the infeftment
was to be made, 300 merks, and to respect the tacks of the tenants at
the time on the lands. The contract is subscribed by both parties. A
charter of the lands, in pursuance of the contract, dated 21st May 1545,
was, two days later, confirmed by John, abbot of Lindores, with advice of
his convent.'
The marriage of Eobert Elphinstone, his son and heir, next occupied the
attention of Lord Elphinstone. He gave a charter by which, in contempla-
tion of marriage in face of the church, he granted to Margaret Drummond,
daughter of John Drummond of Innerpeffray and Margaret Stewart, Lady
Gordon, his spouse, in liferent, and to Eobert, his son, heritably, the lands
of Corgarf, Scellater, and others. The charter, which was dated at Stir-
ling 3rd September 1546,^ was followed by a precept of sasine, dated 4th
September, same year.^ Two days later a charter of confirmation was given
by Queen Mary.*
During 1546, the year before his death. Lord Elphinstone frequently
attended parliament and the privy council. He sat in the former on 30th
July, 4th and 14th August;^ and he was present in the latter on 2nd June,
30th and 31st July, and 19th December.o
We have now arrived at the close of Lord Elphinstone's life, and it only
remains that a description should be given of the disastrous battle of Pinkie,
where his lordship fell in defending his country from the invader.
The relations between Scotland and England did not improve after
1 Original contract and sasine, dated 23rd i Register of the Great Seal, vol. iv.
May 1545, in Elphinstone charter-chest. No. 2.
Charter and confirmation in Inventory of „ . ^ £ .. t, ,• ^ r c. x, j
WritsofFeddalisFMl. ^"^^^ °^ ^^^ Parliaments of Scotland,
^ Register of the Great Seal, vol. iv. No. 2. "°'- "' l'^" ''"'• *'^'^' *^''
"' Original precept in Elphinstone charter- e Register of the Privy Council, vol. i.
cliest. j,p 23, 31, 33, 57.
KILLED AT PINKIE, 1547. 85
riodden. When King James the Fifth died on 13th December 1542 he
was succeeded by the infant Queen Mary. It became a great object with
King Henry the Eighth to marry his son Prince Edward, afterwards King
Edward the Sixth, to Queen Mary, with a view to the union of the two
kingdoms. Failing to bring about his cherished desire in his lifetime, he
at his death, which took place on 28th January 1547, bequeathed it by an
expressed wish to his successor to accomplish, On his succession to the
English throne on the death of his father. King Edward the Sixth was still
in his minority, and the reins of government fell into the hands of the Earl
of Hertford, who became Duke of Somerset and Protector of England. He
zealously entered into the project of a marriage alliance between the two
sovereigns, and determined to succeed with it, if not by peaceful means, by
force. Ascertaining that the alliance was not favoured by the Scots, he
marched an army, numbering upwards of 14,000 foot and 2000 horse, towards
Scotland, and arrived at Newcastle on 27th August 1547. The regent Arran
at once took steps to repel the English if they entered Scotland. He sent
the fiery cross into every part of Scotland, and by this means assembled an
army of 36,000 men near Musselburgh. Lord Elphinstone joined the army.
On 2nd September the English under Somerset crossed the Border and
marched to East Linton. He informed the Queen Dowager and council
of Scotland that " his invasion of Scotland is only to bring to good effect
the godly purpose of the marriage between Edward Sixth and Queen Mary;"
he pointed out the advantages of the match, and told them that " in case
they do not yield to the Protector's amicable proceedings, he will accomplish
his purpose by force." ^
The English army marched from East Linton to Prestonpans, where the
two armies were encamped within view of each other. The position of the
Scots was too strong to be assailed. Somerset therefore waited to be attacked.
The Scots, being impatient and impetuous, gave up their advantage of a
1 Calendar of State Paiiera, vol. i. p. 66, No. 53.
86 ALEXANDER, SECOND LORD ELPHINSTONE, 1513-1547.
safe position and charged the English. A conflict followed, in which there
was fearful carnage. The battle proved disastrous to the Scots, who were
defeated. Lord Elphinstoue and Eobert, Master of Erskine, his brother-in-
law, were of the 14,000 who were left dead on the field at Pinkie. The battle
was a second Flodden to Scotland as well as to the family of Elphinstone.
On each occasion the latter lost their chief, and the chief left young children
to be provided for by tender friends.
By his marriage with Catherine, Lady Elphinstone, Alexander, second
Lord Elphinstone, had six sons and five daughters.
1. Robert Elphin.stone, " thair eldest sone and aire," i who succeeded him, of whom
a memoir follows.
2. John Elphinstone, the second son, was born 4th June 1536. He received an
ecclesiastical appointment when only an infant, according to a custom then
prevalent. In 1538 his name appears to an instrument which is said to
be done in the presence of " Magistro Johaune Elphinstoun, rectore de
Inucrnochty."^ In 1547 he subscribes his name, as a witness, to a writ
admitting John Watson as a canon, " Johannes Elphinston a Invernochty. " ^
He is known during the remainder of his life as the rector or parson of
Invernochty. He is a witness to charters in 1552 as weU as to later
charters, where he is described as rector of Invernochty* He and David,
prior of Mouymusk, and Mr. Duncan Forbes, " fermorar " of Monymusk,
submitted to lords componitors, at the justice-eyre of Aberdeen, certain
differences between them, having reference to the temporalities of the
respective benefices of the prior and the parson. The subject ultimately
came before the lords of council and session on a question between the
prior and Elphinstone. Their decision, which is dated 11th July 1554,
was in favour of the former as against the latter.^ In an incomplete and
imdated tack, in which he designs himself parson of Innernochty, John
Elphinstone grants, c. 1560, on lease to John Forbes of Brux, the teind
sheaves of the vicarage within the parish of Innernochty, including the
1 Birthday Book in Elphinstone charter- * Register of the Great Seal, vol. iv. Nos.
chest. 761, 762, etc.
2 Antiquities of Aberdeen and Banfif (Spald-
ing Club), vol. iii. p. 497. 5 Antiquities of Aberdeen and BaufiF, vol.
3 Registrum Aberdonensis, vol. ii. p. 319. iv. pp. 77S-779.
JOHN ELPHINSTONE OF INVERNOCHTY. 87
teind sheaves of Ord and pendicles, for £4: Scots, Glenkarne, for £1 6 and
one stone of butter, the vicarage of Innernochty for £40, less five merks to
the grantee for the fruits of the towa of New, which the granter reserves to
himself, and others. The vicar of Innernochty's fee to be paid yearly to the
vicar, and ten merks for the staller's fee in the cathedral kirk of Old
Aberdeen, and 28s. for the bishop's procurations and dean's rural expenses
in time of visitation. The above sums to be paid to the granter within the
canonry of Old Aberdeen at the feast of Bertill day.i John Elphinstone was
one of the curators of Patrick Drummond, eldest son and heir-apparent of
Robert Drummond of Carnok, knight, in 1571. ^ At this time he appears
to have had authority to intromit with the estate of Robert, third Lord
Elphinstone. The Regent Mar instituted an inquiry into these intromissions
with a view to a formal discharge being granted by Lord Elphinstone for
them.* In 1573-4 he was put to the horn for non-payment of the thirds
of his parsonage. But upon his application to the General Assembly, and
from them to the Regent Morton, he was relaxed.'' As parson of Inver-
nochty, Mr. John Elphinstone, with consent of Robert, Lord Elphinstone,
as patron of the parsonage, and of the dean and chapter of Aberdeen,
gave to his beloved Alexander, Master of Elphinstone, a lease of the teind
sheaves, etc., of the parsonage and vicarage of Innernochty, in the diocese
and shire of Aberdeen, for the lifetime of the granter, and after his decease,
for nineteen years, immediately following the day of his death. The master
was to pay therefor £100 yearly. The tack, which is dated at Stirling
and Aberdeen respectively on 18th February and 11th March 1578, con-
tains the signatures " Robert Lord Elphinston," and " Mr. Jhone Elphynston,
parson off InSnoMiy." John Elphinstone of Selmis is one of the witnesses.^
The seals of Lord Elphinstone and the parson are appended. The one is
entire but too indistinct to be deciphered. Only a fragment of the other
remains. Mr. John Elphinstone is designed " faderbrother " to Alexander,
Master of Elphinstone, in a contract between them dated ISth February
1578.^ In another lease, dated 1580, in which the place, day, and month
of subscription are omitted, and which is stated to be with consent of the
dean, canonry, and chapter of the cathedral kirk of Aberdeen, Mr. John
1 Original tack in Elphinstone charter- ^ Register of the Privy Council, vol. ii.
chest. p. 123. * Ihid. pp. 346-347.
2 Register of the Great Seal, vol. iv. No. ^ Original tack in Elphinstone charter-
1973, chest. '' Original contract, ibid.
88 ALEXANDER, SECOND LORD ELPHINSTONE, 1513-1547.
Elphinstone gives his " tendir cousing," Alexander, Master of Elphinstone,
in addition to the subjects formerly stated, the manse, house, and yards,
belonging to the parsonage in the canonry of Aberdeen, with croft of the
same. The lease extended for nineteen years from the date of entry.
It is subscribed " M. Jhone Elphynston psoii off Inr]no*hy."i On 26th
September and 8th October 1581, Mr. John Elphinstone, parson of Inner-
nochty, with consent of Eobert, Lord Elphinstone, patron thereof, and
Alexander, Master of Elphinstone, gave to Mr. George Barclay, burgess of
Aberdeen, and Blarion Chene, his spouse, a charter of his land and lodging,
with houses and buildings thereof.^ He was canon of Aberdeen, prebendary
of Invernochty,^ and coadjutor of David, prior of Monymusk.* He was
married to " Agnes Bruce, sister to the laird of Clackmanan, and with him
begatt children." ^ His eldest son and heir was Michael. He had also
a son George, and a daughter Mary. The latter was executrix of her father,
and her brother Michael was cautioner for her.^ He died at Stirling in
August 1616, and was buried in the church there on 22nd August of that 3'ear."
3. .James Elphinstone, the third son, was born 12th July 1538.^ He is designed
of Inverdovat in 1595, when John Martine, burgess of Edinburgh, and
three others are ordained to find caution for 500 merks each not to harm
James Elphinstone of Inverdivett.^ On 12th November 1599, he received
from King James the Sixth, for service rendered to him from his cradle,
and for sums of money paid, de novo, as his domestic servitor, the lands of
Inverdovat and Plewlands, with manor place, and others in the baronies of
Newtoun and Nauchton, in the shire of Fife, resigned by Andrew LessUlis
of Inverdovat. I'' He married Agnes Ramsay, sister to Kamsay of Clettie,
and had one son, Frederick Elphinstone, who was his heir in Inverdovat.^i
On 18 th April 1615 James Elphinstone was served heir to his father,
Frederick Elphinstone, in the lands of Inverdovat and Plewlands, with
fishings and the sea mylne.i- Inverdovat came into the possession of the
' Original in Elphinstone charter-chest. ' Registrar's certificate of burial, in Elphin-
~ Register of Great Seal, vol. v. No. SSL stone charter-chest.
^ Ihid. 8 Birthday Book, ibid.
« Ibid. No. 1267. » Register of the Privy Council, vol. v.
^ Birthday Book in Elphinstone charter- p. 653.
chest. w Register of Great Seal, vol. vi. No. 971.
" Papers, ibid. ; also Testament, 19th » Birthday Book in Elphinstone charter-
October 1616. [Commissariot of Stirling, chest.
vol. ii.] 12 Index of Retours.
SIR MICHAEL ELPHINSTONE. 89
family of Hamilton of Muirhouse through marriage with the Elphinstones
of Inverdovat, the male representation of which apparently became extinct.
On 24th May 1664 William Hamilton of Muirhouse, eldest son of John
Hamilton of Muirhouse, was served heir of entail and provision of James
Elphinstone of Inverdovat, his uncle, in Inverdovat and Plewlands, etc.i
The estate of Inverdovat, owned by the Elphinstones, is now in the posses-
sion of Mr. William Berry of Tayfield.
4. Alexander Elphinstone, the fourth son, born 19th January 1539.^ Eobert,
Lord Elphinstone, having sold to him his eight-merk lands of Pittendreich,
Alexander granted him a reversion thereupon, dated at Elphinstone
28th August 1564. The reversion, in which he is designed brother german
to Robert, Lord Elphinstone, is signed " Alex"" Elphinstoun v' my hand." ^
On 19th October 1579 he granted a renunciation in favour of Alexander,
Master of Elphinstone, of the annual rent of certain bolls of victual.* He
witnessed a charter in 1581.^ He died at Elphinstone, unmarried. ^
5. Sir Michael Elphinstone, the fifth son, was born 28th September 1544.' He
witnessed a charter in 1577. ^ He received charters of Kettymuir in
Lanarkshire in 1579-80,^ Hillintoun and Archillistoun in Renfrewshire in
1581.10 jje became one of the masters of the household to King James the
Sixth. He is described as servitor to William, commendator of Paisley, in
1581.'! He received, in 1583, a lease from David, commendator of Inch-
mahome, of the teind sheaves of the lands of Gartincaber, and others, in
Perthshire, who describes him as his "wellbelouit cousmg." ^^ In 1584
a summons of treason was issued against Michael, and others, for being
concerned in the raid of Ruthven. By command of the king the summons
was departed from.'^ He was in 1594 and 1597 excepted from Acts of
Parliament annulling pensions.'* He witnessed a contract between King
James the Sixth, the Duke of Lennox, and the Earl of Eglinton, for the
1 Index of Retours. 8 Registruin Episcopatua Breohinensis, vol.
2 Birtliday Book in Elphinstone charter- "• P- ^^'^•
gheBt. ° Register of Great Seal, vol. iv. No. 2990.
, ' . . , ^ ■ .1- , " ^i<i- vol. V. No. 302.
3 Original Reversion, ibid. „ ^^^ j^^ ^^j
* Original Renunciation, ihid. '^ The Red Book of Menteith, vol. i. p.
s Register of Great Seal, vol. V. No. 881. ^^V f' J^"^ ' f^^ \ v . , ^ ., a
" Acts of the Parliaments of Scotland,
« Birthday Book in Elphinstone charter- vol. iii. pp. 332'\ 334b.
chest. 7 Ihid. '* Ihid. vol. iv. p. 94.
VOL. I. M
90 ALEXANDER, SECOND LORD ELPHINSTONE, 1513-1547.
marriage of the earl and Gabriela Steuart, sister of the duke, dated 10th
and 13th April 1598.1 He had a pension assigned to him as one of the
masters of the king's household of five hundred merks Scots. ^ He was
admitted a privy councillor on 9th October 1604 in terms of a warrant
from the king.^ In company \vith John, archbishop of Glasgow, he took
the oath of allegiance on 18th June 1607.* He received in 1618 one
thousand pounds for services rendered to the king on the occasion of his
visit to Scotland. 5 He died unmarried in the Canongate of Edinburgh on
14th February lt325. In his latter will, dated at the Cannogait, 2 1st
December 1624, he directs, "And my corpis to be bureit in the kirke of
Airthe, within my lord Elphingstoune his ayll, besyde vmquhyle Robert, lord
Elphingstoun, my eldest brother." To be buried with all solemnities as
became a knight and befitting his place as one of his Majesty's masters of
household, by advice of the honourable friends of whom he was descended,
John, Earl of Mar, and Alexander, Lord Elphingstoun, "my chieff." He
constitutes Mr. Michael Elphingstoun, his " oy," his only executor. But
Harie Elphinstone, his brother's son, was appointed executor ad oniissa by
the commissaries of Edinburgh. Mr. Blichael Elphinstone was probably
the son of Alexander, fourth Lord Elphinstone.^
6. William Elphinstone, the sixth son, twin with Blichael, was born 28th Sep-
tember 1544.'' He is a witness to a writ, dated at Kirkwall, 6th October
1573. s In 1576, by which time he was sherifi'-depute of Orkney, he is
referred to in an obligation by John Levingstoun, younger of Donypace.^
He was, in May 1584, charged, with other guilty or suspected persons, to
appear before the council when warned, and the following month he was
warded in Aberdeenshire. In August he was included with his brother
Slichael in a summons of treason, which was, however, passed from.i" He
was excepted from an Act of Parliament annulling pensions in 1594 and
1 The Memorials of the Montgomeriea, ■* Register of the Privy Council, vol. vii.
Earls of Eglinton, vol. ii. p. 23S. pp. 392-3. = /j,y. y^i ^i. p. 387.
- Register of Privy Council, vol. ix. p. 609. 6 Testament, 30th July 1625, Commis-
3 Ibid. vol. vii. p. 73S. In his Introduc- sariot of Edinburgh Testaments, vol 53.
tion to the Register of the Privy Council Birthday Book in Elphinstone charter-chest.
(vol. vii. p. XX.), Professor Masson confuses ' Bid.
this Sir Michael Elphinstone with Michael 8 Register of the Privy Council, vol. ii.
Elphinstone, ninth son of Alexander, fourth p. 415, " nUi. p. 576.
Lord Elphinstone, who had no knightly dis- ^ Ibid. vol. iii. pp. 664, 672 ; Acts of the
tinction. Parliaments of Scotland, vol. iii. pp. 332-334.
WILLIAM ELPHINSTONE, SHERIFF OF ORKNEY. 91
1597.^ He received a charter from Kobert, Earl of Orkney, of the lands of
Trosnes, in the Isle of Sanday and shire of (Orkney). The charter was dated at
the Canongate, 7th April 1589, and was confirmed by the king on 30th May
1602.- He was married to Janet Henderson, daughter of James Henderson
of Fordell.^ On 13th May 1594, AVilliam Elphinstoue and Janet Henderson,
his spouse, granted a discharge to Sir Alexander Bruce of Airth, knight, for
two thousand merks paid to them for redemption of an annual rent of two
hundred merks out of the lauds of Oaldcoittis and others. The discharge
contains the signatures of both William and Janet.* William Elphinstone
had three sons, William, Michael, and Harie. On Michael and Henry
King James the Sixth in 1609 bestowed the liferent of the unassigned
thirds of benefices within the bounds of Orkney, which had been given to
their father in consideration of the good, true, and thankful services done by
him to the king as his domestic servitor. The pension was to begin with
the crop and year 1602.^ In 1637 Henry Elphinstone, the son of William,
presented a petition to King Charles the First, in which he stated that
twenty-three years previously King James the Sixth had transferred the
pension to the see of Orkney, and the petitioner was thereby pre-
judiced by the loss of one thousand pounds a year. The king referred the
petition to the treasurer of Scotland to examine into it. The note of refer-
ence on the petition, which is dated at Greenwich, 3rd July 1637, is signed
by Sir William Alexander, Earl of Stirling, secretary of state." WUliam
Elphinstone died on 26th July 1602. His widow married, secondly, Thomas
Livingstone of Hanyng in 1603. William was ancestor of the Elphinstones
of Calderhall. Henry Elphinstone is styled of Calderhall in 1634.'' His
son was Sir Thomas Elpliinstone of Calderhall. His grandson Richard
married the heiress of Airth and purchased the barony of Elphinstone.
The five daughters of the second Lord Elphinstone : —
1. Margaret Elphinstone, born 14th February 1528. She was married to John
Livingston of Dunipace, and had issue. ^
1 Acta of the Parliaments of Scotland, •-' Acts of the Parliaments of Scotland,
vol. iv. pp. 94, 157. vol. iv. p. 4.55.
2 Register of the Great Seal, vol. vi. No. '' Original petition and reference in Elphin-
1312. stone charter- chest.
3 Birthday Book in Elphinstone charter- " Register of Baptisms, Edinburgh,
chest. ■* Birthday Book in Elphinstone charter-
■* Original Discharge, ibid. chest.
92
ALEXANDER, SECOND LORD ELPHINSTONE, 1513-1547.
2. Isobel Elphinstone, born 13th May 1532. She married James Hamilton of
Haggs, and had issue. ^
3. Marjory Elphinstone, born 6th February 1533. She married Robert
Drummond of Caruoek.'- Marjory, and Robert her husband, were infeft in
the lands of Bannockburn on 21st January 1562, on a charter by Robert,
Lord Elphinstone, dated 22nd December same year. This charter was con-
firmed by Queen Mary by charter under the great seal, 7th January 1562.
Alexander, Master of Elphinstone, and filichael and William Elphinstone,
his brethren, confirmed the first-mentioned charter by ratification, dated
5th March 1585, and registered in the books of session, 6th July 1586.*
By their marriage they had issue.*
4. Janet Elphinstone was born 16th March 1534. She married Robert Leslie of
Rosmarkie, and first laird of Findrassie, and had issue, three sons and two
daughters."
5. Elizabeth Elphinstone was born 27th Jime 1537. She died at Stirling,
unmarried, s
1 Birthday Book iu Elphinstone charter-
chest.
2 Ibid.
^ Canuockburu Titles, apud Hugh J. KoUo,
w.s.
■* Birthday Book in Elphinstone charter-
chest.
^ Ibid. Historical Records of the Family
of Leslie, vol. ii. pp. 160, 161.
" Birthday Book in Elphinstone charter-
chest.
XIII. — EOBEET, THIRD LOKD ElPHINSTONE.
Margaret Drummond (of Innerpeffray), his Wife.
1547-1602.
Kobert, Lord Elphinstoue, eldest son of Alexander, second Lord
Elphinstone, and Catherine Erskine, was born on 9th September 1530.
When he was sixteen years of age he was contracted in marriage to
Margaret Drummond, daughter of John Drummond of Innerpeffray. The
parties to the contract, on the one side, were George, Earl of Huntly, Lord
Gordon and Badenoch, Lieutenant of the North, and Chancellor of Scotland,
Dame Margaret Stewart, Lady Gordon, his mother, John Drummond of
Innerpeffray, her spouse, and Margaret Drummond, their daughter. Those
on the other side were Alexander, Lord Elphinstone, Catherine Erskine, his
spouse, and Eobert Elphinstone, their son and apparent heir. The contract
provided that Eobert Elphinstone should marry Margaret Drummond with
aU goodly haste. Alexander, Lord Elphinstone, came under obligation to
resign, in the hands of the queen, lands to the value of £80, out of the
barony of Kildrummy, in Aberdeenshire, in favour of Eobert and Margaret.
These lands were Corgarf, Scellater, Innernety, Finlelosk, Boquhom, New,
Colquhary, lunothy [Invernochty], Co[lqu]harne, Ballobeg, and mill thereof.
His lordship also obliged himself to give to Eobert, his son, the keeping
of the castle, place, and mains of Kildrummy, and the bailiary of the
barony of Kildrummy. The Earl of Huntly, Dame Margaret Stewart, and
John Drummond, engaged to pay 2000 merks as tocher, John Drummond
and James Stirling of Keir becoming cautioners for the payment of
it. In addition to these provisions, Alexander, Lord Elphinstone, and
Eobert, his son, bound themselves to remove any impediments of divorce
which should come up, obtain dispensations, and contract again. George,
94 ROBERT, THIRD LORD ELPHINSTONE, 1547-1602.
Earl of Huntly, also bound himself to eject all the geutlemen inhabitants
claiming interest in the above-mentioned lands and mill, except the husband-
men labouring the ground, to make the place of Kildrummy free, that Eobert
and his father might remain there, to cause the old marches to be observed,
and to defend and " debait " Alexander and Eobert in all actions and causes
whatsoever against all within the realm. The latter also engaged themselves
to take part with tlie earl against all persons, the queen and the authority
of the realm excepted. The parties to the contract respectively, touching
the holy evangels, swore to fulfil every point and part of it. The duplicate
of the contract retained by Lord Elphinstone is subscribed " George, Erie
of Huntly," " Jhone Driimond of Infipeffrey," and " Margaret Lady Gordon."
The witnesses are James Gordon, protonotary and parson of Crieff, George
Gordon of Scheves, Mr. John Elphinstone, parson of Innernochty, and others.
The contract is dated at Stirling, 2nd September 1546.i
By way of implementing the obligations he came under in this contract,
Lord Elphinstone gave a charter of the lands of Corgarf, Scellater, and
others above named, to Margaret Drummond, in her virginity, in liferent,
and to Eobert, his son, heritably, and the heirs of their bodies, whom failing,
to the nearest heir of the said Eobert whomsoever. The witnesses to the
charter are William, bishop of Dunblane, George, Earl of Huntly, Chancellor
of Scotland, John, Earl of Athole, Alexander, Lord of Lovat, Alexander, elect
of Caithness, and others.- The charter was followed by a precept of sasine,^
the charter and precept being dated respectively 3rd and 4th September 1546.
A charter under the great seal confirming the grant was given at St.
Andrews two days later.* The marriage of Eobert Elphinstone to Margaret
Drummond took place on 2nd November 1549.^
' Original contract in Elphinstone charter- ^ Register of Great Seal, vol. iv. No. 2. In
chest. the confirmation, the queen wills that, for the
- Register of Great Seal, vol. iv. No. 2. good service of the said Alexander, the gift
^ Original precept in Elphinstone charter- shall be no breaking up of the said barony.
chest. 6 Birthday Book in Elphinstone charter-
HIS SUCCESSION TO HIS FATHER, 1547. 95
Upon the death of his father at Pinkie, on 10th September 1547, Eobert
Master of Elphinstone succeeded him as third Lord Elphinstone. At
Monktonhall, a small village in the parish of Inveresk, on 8th September
1547, two days before the battle of Pinkie, a parliament was convoked by the
Eegent Arran, and the provision was made that the heirs of those who should
be slain in battle should have their ward, non-entries, relief and marriage free,
their minority being dispensed with without the payment of any teind penny.^
Eobert, Lord Elphinstone, by virtue of this Act, although still a minor, was
held to be of lawful age, and was served heir to his father. After his service
he received sasine of the lands and barony of Elphinstone, with various
annexes, on 28th September 1548, on a precept from chancery by Mary,
Queen of Scots.^
Lord Elphinstone had also, a few years later, a charter under the great
seal from Queen Mary of the lands of Cragorth, with fishings in lie cruve,
and lie cobill, on the water of Forth, in the shire of Stirling. These
lands had belonged to the predecessors of Lord Elphinstone. But owing
to the disorders prevalent in the country immediately after the battle of
Flodden, on 9th September 1513, and to the fact that Alexander, second
Lord Elphinstone, was then in his minority, the charter evidents relating to
them were either destroyed or lost. On this account, Alexander, second
Lord Elphinstone, sought no entry to the lands in his lifetime, but enjoyed
them in virtue of the gift of their non-entry to him by King James the Fifth.
It was in this way, as heir to his father, that Eobert, Lord Elphinstone, up
chest. In his Genealogy of the House of of Loudon. There is some confusion in
Drummond, compiled in 15S1, or fuUy thirty these statements. Margaret Drummond, as
years after the marriage of Eobert Elphin- shown above, was married to Robert, Lord
stone, WUliam Drummond, afterwards first Elphinstone. It was Isobel Drummond who
Viscount of Strathallau, says that Robert, married Sir Matthew Campbell.
third Lord Elphinstone, married Elizabeth ' Acts of the Parliaments of Scotland,
Drummond, although in one instance he calls vol. ii. p. 199.
her Margaret. He also states that Margaret ^ Original sasine in Elphinstone charter-
Drommoud married Sir Matthew Campbell chest.
96 ROBERT, THIRD LORD ELPHINSTONE, 1547-1602.
to this time, enjoyed them. The queen now, by charter dated at Donypace,
15th January 1553-4, granted the lands and fishings of new to him
and Margaret Drummond, his spouse, and the survivor of them, without
division, in conjunct fee, and the lawful heirs of their bodies, whom failing,
to the nearest heirs of Eobert whomsoever.^ He was retoured heir to his
father in the town and burgh in barony of Kildrummy, in the earldom of
Mar and sheriffdom of Aberdeen, on 5th June 1577.^
Lord Elphinstone received sasine from James Cunninghame, lord of the
barony of Polmais-Cunninghame, of a fourth part of the lands of Erthbeg, now
called Elphinstone, in the barony of Polmais and sheriffdom of Stirling. The
sasine was given on the lands on 22nd November 1548, in presence of a
venerable and discreet man, Mr. John Elphinstone, rector of Innernochty,
Sir David Crystesoun, rector of Cambuslang, Humphrey EoUok in Culcukry,
and others.^
He received a lease of the teind sheaves of the town of Elphinstone, and
of the lands of the laird of Roselle, Fortune and Dunlop, of which lands his
lordship was superior, and also the vicarage of the lands of Elphinstone and
other lands just named, for nine years from the date of entry. He was to pay
therefor after the rate of the profit of the teinds and vicarage which the laird
of Arthe paid for his whole kirk of Arthe, so that the teinds were not to
be raised, but the teind silver was to be modified by custom. Eobert,
commendator of Holyroodhouse, the granter of the lease, who was his
cousin, calls him his " derrest eyme." The lease is dated the last of February
15[49-50]. One of the witnesses to it is Mr. John Elphestoun. The lease
is subscribed "Eobert, Comendato' of Halyrudhous," ^
Being a minor, Eobert, Lord Elphiastone, had curators who acted for him
in business matters. Two of these are mentioned in a charter under the
1 Register of Great Seal, vol. iv. No. 880.
2 Office copy of retour iu Elphinstone charter-cliest.
3 Original aasiiie, (bid. * Original lease, ibid.
ATTAINS HIS MAJORITY, 1551. 97
great seal, which he and Margaret Drummond, his spouse, received about this
time. The charter is dated 27th July 1550, and was to them and the heirs
of their bodies, whom failing, to the heirs whomsoever of Eobert, of the lands
of Corgarth, Skellater, Invernyte, Fynnelosk, Boquham, New, Culquhary,
Invernochty, Culquhony, Ballobeg with mill, Correhowlis, Pettynelie, Cukis-
hill, Tulliskuiche, Glencoy, Torrebrek and TuUochill, Quyltis, Summeill,
Argeith, in the lordship of Kildrummy and sheriffdom of Aberdeen. These
lands Lord Elphinstone, with consent of Eobert Drummond of Carnok, and
James Kinros of Kippenros, his curators, personally resigned for the purpose
of this regrant.i
Two years later, Lord Elphinstone made personal resignation of other
lands, namely, the lands of Easter Eossy, with the dominical lands, towers,
fortalice, etc., in the barony of Elphinstone by annexation, stewartry of
Strathearn, and shire of Perth. He received a charter under the great seal
of these lands to him and Margaret, his spouse, and the foregoing series
of heirs. The charter is dated 25th March 1552.^
Lord Elphinstone had now reached his majority, and obtained a right to
independent action. It might have been expected that his lordship would
have hailed this freedom from the restraint of curators, which, for four years
from the date of his succession, his minority had imposed upon him. He,
however, entertained no such feeling. He was sensible that in his case such
restraint had been a benefit to him and his estates, and he therefore without
loss of time took steps to have it reimposed. Before doing this, however, he
appeared personally before a notary and represented that having attained to
the age of twenty-one years complete, he perceived that in his minority, by
himself and his curators, he had in many things been injured and oppressed.
For remedy of this, having the counsel of skilful men who were his friends,
he revoked all things done by him or his curators in his minority to his hurt.
He especially revoked a contract of bailiary and letters of chamberlainry of
1 Register of Great Seal, vol, iv. No. 488. ^ /j;^;. No. 687.
98 ROBERT, THIRD LORD ELPHINSTONE, 1547-1602.
the lands and lordship of Kildrummy, and letters of lease of the
lands of Invernochty and Cullquhary made to his much-loved kinsman,
Arthur Forbes. He also protested for remedy of law.^ This step would
seem to have given rise to trouble with Arthur Forbes, as will shortly be
pointed out.
On 16th May 1553, he attended a meeting of the Privy Council, and
in presence of the Queen, the Eegeut Arran, the Bishops of Glasgow, Dun-
blane, Orkney, Eoss, the Earls of Glencairn and Cassillis, the Abbots of
Dunfermline, Coupar and Culross, Lord Erskine, William Hamilton of
Sanquhar, clerk of justiciary, and Robert Carnegy of Kinnaird, craved to
have his affairs placed under such control as he named. He stated to the
council that in his minority he had somewhat hurt his living and heritage by
" reason of his youthheid," and that he might hurt the same more in time
coming. He, consequently, desired that the council should interdict him from
all alienations, selling and wadsetting of his lands and heritage, or setting of
tacks long or short, or of any of his bailiaries, without the special consent
of John, Lord Erskine, John Drummond of Innerpeffray, knight, Eobert
Drummond of Carnock, and James Hamilton of Haggis, or any two
of them conjunctly. His request was complied with ; and the lords
ordained letters to be directed to make publication thereof at the market
crosses of Stirling, Perth, Aberdeen, and other places needful by open
proclamation.^
Letters of charge were issued by Queen Mary under her signet in terms
of the council's interdiction, and on the same day. The Queen's signet was
impressed on the paper, but is now nearly all removed. There is a note
appended stating that the letters were produced and registered in the books
of the sheriffs of Aberdeen 16th April 1585. On the back of the document
the notaries' certificates of execution are written, intimating that proclama-
1 Notarial Instrument, dated Stirling, 9th October 1551, in Elphinstone charter-chest.
* Certified Extract Interdiction, ibid. Register o£ Privy Council, vol. i. p. 140.
BOND BY THE QUEEN-DOWAGER TO ARE AN, 1554. 99
tion had been made, as ordained, at Stirling on the I7th, Perth on the 19th,
and Aberdeen on the 23rd May 1553.i
Although Lord Elphinstone lived many years, he did not court a public
life. He seldom appears as taking part in the affairs of the nation.
Instances, however, do occur, in which he was induced to take a prominent
part. James, Earl of Arran, now Duke of Chatelherault, found it advis-
able to demit his regency. The queen-dowager desired the office, and the
nobility supported her claim. Thus forsaken, Arran yielded to terminate his
administration of the government of the realm, when the queen-dowager
succeeded to that office. Parliament acknowledged his services as regent,
granted him a discharge of his intromissions with the money, jewels and
other movables of the queen during his regency, and warranted him against
any actions for his intromissions. The bond, dated 12th April 1554, in
which this was done, is subscribed by the queen-dowager and members
of the three estates, including Lord Elphinstone.^
In terms of a contract with James, fourth Earl of Morton, who was
superior of the lands of Selmis, the Earl obliged himself to give sasine to
Eobert, Lord Elphinstone, of these lands. On 14th February 1555-6, the
Earl granted a receipt to Eobert Drummond of Carnock, who was acting for
Lord Elphinstone, for 300 merks as part payment of 500 merks, the remain-
ing 200 merks being to be paid when sasine was given of the lands.^
An obligation now to be noticed, besides showing the difficulties in which
owners of landed estates were sometimes involved, brings out the leniency of
Lord Elphinstone in his deaKngs with others. The obligation, which is
dated 15th April 1556, is by Arthur Forbes of Balfour, and is granted to his
lordship. It narrates that Forbes had been charged by the queen's letters
of four forms to implement a contract made by him, as principal debtor,
' Original letters in Elphinstone charter-cheat.
- Acts of the Parliaments of Scotland, vol. ii. p. 603.
' Original receipt subscribed " James Erll of Mortoun," in Elphinstone charter-chest.
100 ROBERT, THIRD LORD ELPHINSTONE, 1547-1602.
in which John Forbes of Petsligo, John Calder of Aslowne, Mr. Duncan
Forbes of Monimusk, and Alexander Forbes of Kynalde, were cautioners for
him, to Eobert, Lord Elphinstone, and Katherine Erskine, lady tercer of
Elphinstone, dated 9th March, fourteenth year of reign, for the payment of
certain money, victual, poultry, and customs. It narrates further, that
Arthur Forbes had been charged by the same letters to desist from further
coming to his lordship's lands and barony of Kildrummy, in the sheriffdom of
Aberdeen, and holding courts there, and causing his lordship's tenants to
answer thereto ; and also to cease from molesting and troubling his lordship
and his bailies. It will be remembered that Lord Elphinstone had made a
contract of bailiary and letters of chamberlainry of the lands and lordship
of Kildrummy with Arthur Forbes, which he subsequently revoked as made
during his minority. Arthur Forbes appears to have held to the offices of
bailie and chamberlain of Kildrummy notwithstanding the revocation made by
his lordship, and hence the present dilficulty. In consequence of the letters
of four forms above mentioned, Arthur Forbes and John Forbes of ToUeis,
and two other cautioners, bound themselves that the former should appear
before the lords of council between the date of the obligation and 1st
May following, and implement the terms of the letters so far as was
still owing to his lordship and his mother, under a penalty of £1000 to be
paid to the queen, and another £1000 to his lordship. This Arthur Forbes
agreed to do, because, as he says, his lordship might have raised execution of
both the letters of four forms upon him to the final end, and that he had in
a friendly way continued the execution thereof to 1st May to his hurt. On
the back of the obligation, which is subscribed by Arthur Forbes and his
cautioners, George, Earl of Huntly, sheriff-principal of Aberdeen, at Aberdeen,
15th April 1556, stays the execution of the above letters till 2nd May 1556.^
Lord Elphinstone sat in the parliaments of 1558 and 1560.-
1 Original obligation in Elphinstone charter-chest.
- Acta of the Parliameuts of Scotland, vol. ii. pp. 503, 525.
INFEFT IN THE BAEONY OF ELPHINSTONE, 1564. 101
Along with Sir George Brown, chaplain of the chapel of Dene, in the
barony of Kildrummy, Lord Elphinstone, as baron of that barony and as
patron of the chapel, granted a charter of feu-farm to George Forbes of
ToUeis, who was probably a sou of John Forbes of Tolleis, one of the
cautioners above mentioned, of the lands of Over Kilbatho and others. Eobert
Drummond of Carnock and William Forbes of Barnes are witnesses to the
charter.!
On 23rd May 1563, Lord Elphinstone received from Marjory, his sister,
spouse of Eobert Drummond of Carnock, an instrument of renunciation of
her conjunct fee of an annual rent of 80 merks Scots out of the lands of
Bannockburn, in the barony of Arthbisset and shire of Stirling : Marjory also
renounced a fourth part of the town and lands of Elphinstone, called Erthbeg,
in the same barony.^ On the same day his lordship received sasine of the
fourth part of the town and lands of Erthbeg upon a precept by Eobert
Drummond of Carnock and Marjory Elphinstone his spouse. The precept
is dated at Elphinstone, 22nd December 1562, and subscribed both by
Eobert and Marjory.^
As heir to his father. Lord Elphinstone, on 31st March 1564, had sasine
given him, upon a precept by Queen Mary, of the lands of Pittendreich and
barony of Elphinstone.*
A year later an event occurred which might have been followed with
disagreeable consequences in disturbing the relations between Lord Elphin-
stone and his wife. On 4th May 1565, Alexander Drummond of Medhope
was charged before the high court of justiciary with the theftuous
destruction, stealing, intromitting, wasting, disponing and concealing from
Lord Elphinstone, in December or thereby 1562, and monthly, yearly and
continually since then, of his goods aud money, extending to the sum of
1 Aatiquities of Aberdeen and Banff, vol. iv. p. 312.
2 Original renunciation in Elijhinstone charter-chest.
3 Original precept and sasine, ibid. * Original sasine, ibid.
102 ROBERT, THIRD LORD ELPHINSTONE, 1547-1602.
£20,000. This is stated to have been occasioned through the improper
relations between Drummond of Medhope and Margaret Drummond, Lady
Elphinstone. No further particulars of this matter are known. The trial of
Drummond of Medhope was continued. He dissented from the postpone-
ment of it, and craved justice conform to the queen's letter. He also took
instruments that Lord Elphinstone had withdrawn the principal charges
against him.i From this fact, and also from the other that his lordship
became surety for his entry at the trial, it would appear that Lord Elphin-
stone did not believe his guilt. There is no evidence that the trial took
place, or, if so, what was the result of it. But the whole case does not seem
to have created any difference between Lord and Lady Elphinstone. The
third son of this Lord and Lady Elphinstone was James Elphinstone,
who was a very eminent scholar, lawyer and statesman. As a lawyer
he became president of the court of session, and as a statesman he
became secretary for Scotland. In that capacity he had the power of
nominating the judges of the court of session. On a vacancy occurring
among the judges, he recommended for appointment Sir Alexander
Drummond of Medhope, who was a Drummond cousin of his mother. Some
objection having been raised against the admission of Medhope on account
of his religion, and also on account of his relationsliip, Lord Balmerino wrote
to the king a letter, " protesting befoir the greit God of heaven, that nather
blood nor acquaintance, but knowledge of his ability and inclinatiouns to
serve, and what neid your Majesty stands in heir of worthy ministris, did
move me both to trayne him up for your service, and finding him capable to
sute your preferment. So hooping in your Majesties accustumed favour that
my affectioun to your service sail not be turned to my disgrace, and craving
pardone of this boldness, I wish your most sacred Majesty, after a long and
prosperous raygne, eternell felicity." ^
As one of the results of Queen Mary's escape from Lochleven Castle,
1 Pitcaim's Criminal Trials, vol. i. p. *-i65. ^ Senators of the College of Justice, p. 24S.
GIVES OVER HIS ESTATES TO HIS SON, 1601 — HIS DEATH, 1602. 103
and the battle of Langside which followed it, the privy council, presided over
by the Eegent Murray on 24th May 1568, ordained many castles and houses
to be delivered to those appointed to receive them. Lord Elphinstone was
in this way ordained to deliver the tower and fortalice of Elphinstone.^
In 1571 Lord Elphinstone was, so soon as the Eegent Mar succeeded to the
Eegent Murray in the administration of the country, appointed to find caution
that he would deliver his house and castle of Kildrummy when required.^
About the year 1577 he divested himself of his whole estates in favour of
his eldest son Alexander, Master of Elphinstone. A later arrangement, how-
ever, was made of the estates in 1601. On 24:th March of that year, resigna-
tion was made by Michael Elphinstone in name of Eobert, Lord Elphinstone,
Alexander, Master of Elphinstone, his eldest son and heir-apparent, and
Alexander Elphinstone, son and heir-apparent of Alexander, Master of
Elphinstone, of the lands and barony of Elphinstone, castle and others. Halls
of Erth, Polknaif, Powfoulis, a fourth part of Airthbeg, Bannockburn, the
patronage of St. Ninians, and many other lands, in the hands of the king.
Eesignation was also made of the lands and barony of Kildrummy, with
castle and town, and burgh of barony of Kildrummy. The king accepted the
resignation and granted a charter of the barony of Elphinstone in liferent to
Eobert, Lord Elphinstone, and to Alexander, Master of Elphinstone, in fee,
and the lawful heirs-male of his body. In the same charter the king granted
the lands and barony of KUdrummy, etc., to Alexander, Master of Elphinstone,
in frank-tenement, and Alexander Elphinstone, his son and heir-apparent, in
fee and heritage. The two baronies were also separately erected de twvo.^
Eobert, Lord Elphinstone, became very feeble in health in his later years.
On 10th May 1602, he was unable to subscribe a family deed, and two notaries
had to do that for him. He died within eight days thereafter on 18th May.*
' Hegister of the Privy Council, vol. i. pp. 625-6. ^ Ibid. vol. ii. p. 123.
^ Decreet of Registration, 27th March 1621, in Elphinstone charter-chest; also Charter
under the Great Seal, dated 26th March 1601, Register of the Great Seal, vol. vi. No. 1162.
^ Elphinstone writs, in Elphinstone charter-chest.
i ROBERT, THIRD LORD ELPHINSTONE, 1547-1602.
The children of Robert, third Lord Elphinstone, and Margaret Drummond,
re six sons and four daughters.
1. Alexander, fourth Lord Elphinstone, of whom a memoh foUows.
2. Sir John Elphinstone, knight, of Selmis and Baberton, or Kilbaberton, gentleman
in the houseliold of Queen Anne, of whom a notice will be subsequently given.
3. James Elphinstone. He was ancestor of the Elphinstones Lords Balmerino
and the Elphinstones Lords Coupab.
4. "John Elphinstoun, younger, wes borne the xiiij of July 1558, and died in
Ingland vnmaried." ^
5. "William Elphinstoun wes borne the 27 of Aprill 1563, and died in Naples
1588." 2
6. "George Elphinstoun wes borne the 3 of January 1565, and became ane
Jesuit." 3 In his Genealogy of the House of Drummond, compiled in
1681, William Drummond, afterwards first Viscount of Strathallan, states
that Mr. George Elphinstone was rector of the Scots College at Rome.*
In the Appendix No. 1 to that work which contains " Historic of the Familie
of Perth," William Drummond of Hawthornden, the celebrated poet, who
writes that Historic, .says Mr. George Elphinstone was rector of " the Scots
CoUedge of Dowie." ^ He may have held the appointment of rector at each
of these places.
The four daughters of Eobert, third Lord Elphinstone : —
1. Janet Elphinstone was born the 25th of May 1556. She married Patrick
Barclay, laird of Tollie Barclay, and had children.^ A letter of Barclay's
to Alexander, Master of Elphinstone, his brother-in-law, regarding his sister,
who he says is to be put to the horn, which is preserved in the Elphin-
stone charter-chest, may not be inappropriate here. It is as follows : —
"It will pleis your lordsohip, I am soirly informit that James Innes off Minnein,
throch malis and ewill will, is to deuwns my soster, the Lady Ennermarke, to the
horn, be quhais instigation I knaw nocht, only off intention to wrak hir be hir escheit,
and hir fatherles bairnis. To prewein the warst I heff thocht gowid to adwertis
your lordsohip heiroff, that hir escheit be nocht delt to no onfreind. Quharfor
will pray your lordsohip most eftectiwsly nocht to be suddan in disponing that
escheit, for inoas the gowdman off Minnein be wilfow, and caws registrat hir horn-
ing, I sail caws my son do als meikill tor it as ony man ; and I will esteme my
' Birthday Book in Elphinstone charter- chest. - Ibid. ^ J bid.
* Genealogy, etc., p. 151. ^ /jj^ p_ 246.
^ Birthday Book in Elphinstone charter-chest.
CHILDREN OF THE THIRD LORD. 105
selff mor obleist to your lordschip nor it war my awin propir escheit. I may nocht
suffer hir to be so owirloppin, and giff my moyen be nocht als gryt at your lord-
schipis handis as his or ony will assist him, I am far dissapointit. I heff fownd
your lordschip so faworabill in all my adois that with the rest I men [be] bounde-
ing your lordschip m this particular, becaus it towichis me so neir. So seising to
trowbill your lordschip with langer letter to new occasion, my hartly commenda-
tions being remembert, committis your lordschip to Goddis protection. Erom
Tolly, the 25 of Agust, be youris lordschipis louing brother to be oommandit,
Tolly.
" To my werray gouid lord and brother, my Lord Thressorar."
Patrick Barclay of Tolly died before 21st January 1620.1
2. Agnes Elphinstone was born on 3rd October 1559.2 gjje married Walter
Ogilvie of Finlator, who was knighted and became first Lord Ogilvie of
Deskford. They had an only daughter Christian, who married Sir John
Forbes of Pitsligo. Agnes Elphinstone died previous to 1594, as sometime
before that date Walter Ogilvie had married, secondly. Lady Mary
Douglas, daughter of William, Earl of Mortoun, and in that year he and
Lady Mary his wife had a charter of the Mains of Pettmedden.^
3. Elizabeth Elphinstone was born 1st August 1561.* She married Robert
Innes of that ilk on 1st November 1582.^ In the marriage contract,
Alexander, Master of Elphinstone, engaged for his sister, and Elizabeth
Forbes, lady of Cromy, for her son-in-law. The tocher given was 5000
merks. The contract is dated, Straboge, 17th October 1582. The marriage
of Robert Innes had been disponed to Lady Cromy, by John Elphinstone,
parson of Innernochty, who had the gift of it." On 18th November 1592,
Alexander, Master of Elphinstone, made a contract with Robert Innes of
that ilk, with consent of Elizabeth Elphinstone, his spouse, about lands in
Aberchirder.^ Duncan Forbes, the historian of the family of Innes, makes
the surmise that " perhaps his [Robert's] southern marriage had some effect
upon the fierce manners of his country." Robert Innes died on 25.th
September 1596 ; and his wife, Elizabeth Elphinstone, who survived him,
died 26th February 1613.^ They had issue.
4. Margaret Elphinstone was born on 30th December 1568.9 gjjg married
John Cuninghame of Drumquhassell on 31st December 1587.^'' The
1 Register of Privy Council, vol. xii. p. 183. '' Discharges of tocher in Elphinstone
2 Birthday Book in Elphinstone charter- charter-chest.
chest. ' The Familie of Innes, pp. 157, 158.
3 Register of Great Seal, vol. vi. No. 332. ^ md p. i64.
^ Birthday Book in Elphinstone charter- ^ Birthday Book in Elphinstone charter-
chest. 5 Ibid. chest. "> Ibid.
VOL. I. 0
106 ROBERT, THIRD LORD ELPHINSTONE, 1547-1602.
contract for the marriage was made at Kildrummie Castle, 1 4tli September
1587. The tocher was fixed at 5000 merks.i John Cuninghame was
deceased in 1605, for on 16th May of that year, James Fogi, servitor to
Alexander, Lord Elphinstone, as procurator for him and Margaret Elphin-
stone. Lady Drumquhassell, gave in to the council a copy of letters raised
by James Cuninghame of Glengarnok, charging them to appear on 16th
May to hear themselves decerned to deliver to Cuninghame the place of
Cragyverne.- Sir John Drummond of Bordland, at Muthill, on 27th IMarch
1605, became bound for James Cuninghame of Glengarnok, in i'5000, not
to harm John Cuninghame of Drumquhassell, or Margaret Elphinstone his
mother ; and on 1 9th April same year, James Abercromby, fiar of Kersie,
became bound for John Cuningham and his mother not to harm Glengarnok.^
She sundved till 15th June 1615. ■»
' Copy of contract in Elphinstone charter-chest. ^ /jjf/ pp. 590^ 595.
2 Register of Privy Council, vol. vii. p. 46. * Writs in Elphinstone charter-chest.
107
XIV. — Alexander, Fourth Lord Elphinstone.
The Honourable Jane Livingstone, Lady Elphinstone, his Wife.
1602-1638.
Alexander, fourth Lord Elphinstone, was born on 28th May 1552.i As
he was the eldest son of Eobert, third Lord Elphinstone, he received the
designation of the Master of Elphinstone, by which he continued to be
known for fifty years. Of his early life and education no record is
preserved.
This fourth Lord, being born in the reign of Queen Mary, and having sur-
vived till the reign of King Charles the First, lived under three sovereigns of
Scotland. He also lived under the Eegent Earl of Arran, the Eegent Queen-
mother Mary, the Eegent Earls of Murray, Lennox, Mar, and Morton.
During his long life this fourth Lord was a privy councillor, an extra-
ordinary lord of session, and lord treasurer of Scotland. He was also a
member of the parliaments of Scotland during his time.
"When King James the Sixth made a return visit to Scotland in the year
1617, Lord Elphinstone entertained part of his numerous train in his own
dwelling-house in the abbey of Holyrood. But when King Charles the
First arrived at Holyrood to hold his parliament of June 1633 the aged
baron was over eighty years. Being unable, from age and infirmities, to
attend the king and parliament, his lordship granted a loyally expressed
mandate to his cousin, John, Lord Balmerino, to attend, and act and vote
for him. So long as the health of Lord Elphinstone permitted, he took an
active share in the public and private business of Scotland. His long life,
and more particularly his peaceful death, were in striking contrast to the
1 Birthday Book, iu Elphinstoue charter-chest.
108 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
life and death of the majority of his three royal rulers, and of the six
regents of Scotland. Queen Mary and King Charles the First fell by
the hand of the executioner. Two of the regents, Murray and Morton,
experienced a similar or even worse fate, while Lennox was killed in
a battle fought against his rule, and Mar died of grief caused by the cares
of his hazardous office.
The Master of Elphinstone had almost entered on his twentieth year
at the date of the first notice of him after his birth. This is on 27th
February 1571-2, when John, the first Erskine Earl of Mar, just then
appointed Eegent of Scotland, required Lord Elphinstone to surrender the
castle of Kildrummy upon demand to the king and his regent, and in the
meantime, to reset no rebel or traitor therein. He at the same time required
Alexander, Master of Elpldnstone, to appear in the privy council, before the
last of March ensuing, under a penalty of ten thousand pounds.^ The Master
of Elphinstone attended the meeting of council at Leith on 31st March 1572,
and accounted for his intromissions, which was all they required of him.^
These acts of the Eegent were precautionary measures, deemed necessary
in consequence of the war with the Queen's party. Their relationship and
connection with the Drummonds and others, adherents of Queen Mary, may
have cast suspicion upon the Master of Elphinstone and his father. But
there is no evidence that either of them were implicated in the doings of
those acting with the Queen, and the appearance of the Master of Elphin-
stone being satisfactory to the council, no further proceedings followed.
The Master of Elphinstone, upon reaching his majority, married the
Honourable Jane Livingstone, eldest daughter of William, sixth Lord Living-
stone, father of the first Earl of Linlithgow. A preliminary contract was
entered into between William, Lord Livingstone, and Jane Livingstone, his
daughter, and Eobert, Lord Elphinstone, and his son, Alexander, Master
of Elphinstone. It was therein provided, among other things, that the
1 Register of the Privy Council, vol. ii. p. 123. - Ibid. p. 719.
MARRIAGE WITH THE HONOURABLE JANE LIVINGSTONE. 109
marriage should take place before 1st May foUowiug; and that it be preceded
by a contract upon the whole " be advys of freindis and men of judgment." ^ '
This agreement was followed by a marriage contract, dated at Easter
Kilsyth and Kildrummy, 1st and 10th April 1575, between the same parties,
with the addition of the respective spouses of the two contracting lords.
The arrangements now made may be summarised as follows : — The marriage
was to be celebrated between the date of the contract and 3rd June ensuing
" as God's word dois requyr." Before that date Lord Elphinstone was to
infeft Jane Livingstone in the liferent of specified duties and profits out
of Pendreich, Halls of Airth, Gargunuoch, and Eossy, to be held by her of
their immediate superior. As the liferent of the lands of Kossy was already
reserved to Lord and Lady Elphinstone, in place of it, during their lifetime,
the lady was to be infeft in the annual rent of certain profits and duties out
of lands in the barony of Kildrummy. These lands, which were to be
held of Lord Elphinstone, were Glenbuchett, Drumnahuff, and other lands.
Lord Livingstone obliged himself to pay to Lord Elphinstone seven thousand
merks in name of tocher. For the more sure payment of the last thousand
pounds of this sum, Lord Elphinstone was to receive an annual rent of £100
out of the lands of Philpstoun.^ The promised infeftments were made
simultaneously with the contract, and subsequently confirmed by the king.^
Soon after his marriage, and in the lifetime of his father, the Master of
Elphinstone came to possess the whole Elphinstone estates by a family
arrangement. On 2-lth May 1577, Eobert, Lord Elphinstone, granted a
procuratory to Michael Elphinstone, his brother, to resign his whole lands
into the hands of the respective superiors of them in favour of Alexander,
Master of Elphinstone, and his heirs.* Actual resignation in the king's
1 Contract, dated at Elphinstone and Cal- ^ Charter of confirmation, dated 10th
lander, 19th and 20th June 1574, in Elphin- August 1579, ibid., also Register of the Great
stone charter-chest. Seal, vol. iv. No. 2893.
- Original contract, also extract registered * Procuratory of resignation, in Elphiu-
contract, iUd. stone charter-chest.
110 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
hands did not take place until nine years later, probably owing to the king's
youth. Indorsed on the procuratory is a memorandum, dated at Holyrood
House, 16th December 1586, bearing that IMichael Elphinstone, procurator
for Lord Elphinstone, made this resignation in the king's hands, when his
Majesty disponed the lands of new to Alexander, Master of Elphinstone,
whose procurator, William Elphinstone, sheriff of Orkney, received them
in his name.^
Meantime, following upon the procuratory of resignation, and on the
same date, the Master of Elphinstone received a charter from his father
of the baronies of Elphinstone and Kildruramy.^ He also received sasines
of the lands, narrating precept of sasine, dated 26th May 1577, and bearing
to be on a letter of gift and disposition of the lands by Lord Elphinstone.^
The letter of gift is of the same date as the precept of sasine. It sets
forth that Lord Elphinstone, understanding his own inability to govern
his living, entertain his house and family, bring up his "bairns," and
attend to their provision and advancement, etc., and knowing the ability
of his son, Alexander, Master of Elphinstone, to supply his place in these
matters, and also in respect of the affection he bears to him, and for other
reasons and considerations, sets and dispones to him his lands of Elphin-
stone, etc. The disposition is subscribed " Eobert, Lord Elphinstouu," and
John Elphinstoun, his son, is one of the witnesses to it.*
From the foregoing particulars, it will be seen that while still a young
man, and not more than twenty-four years of age, the Master of Elphinstone
was not only married, and to that extent settled in life, but he was also the
proprietor of the extensive estates of Elphinstone in the shires of Stirling,
' Procuratory of resignation, in Elphin- ated. A later settlement of the Elphinstone
stone charter-chest. estates took place, which was confirmed by
- Charter, ibid. ^ Three sasines, ibid. the king on 26th March 1601, and which
* Letter of disposition in Elphinstone gave them to Robert, Lord Elpbiustone, in
charter-chest. The writ is in a fragmentary liferent, and to Alexander, Master of Elphin-
condition, and the writing is partially obliter- stone, in fee.
TRUST REPOSED IN HIM BY HIS FATHER. Ill
Aberdeen and Perth, the entire management of which devolved upon him.
Indeed, although not yet in possession of the title of Elphinstone, the Master
of Elphinstone was for all practical purposes the Lord Elphinstone of this
period. So much was this recognised, and to such an extent did his father
keep in the background, that there are instances in which even in his father's
lifetime the Master is described as Lord Elphinstone. The confidence which
Eobert, Lord Elphinstone, reposed in his son, the Master of Elphinstone, as to
his ability to take his place in all business matters, was not misplaced. On
the other hand, it will be shown in the subsequent pages of his memoir that
in addition to the cares and responsibilities now described which he incurred,
he soon after this entered public life, became one of the responsible officers
of the Crown, and showed commendable ability and tact in the discharge of
his public duties.
The Master of Elphinstone appeared on behalf of his father in a com-
plaint to the privy council regarding a raid upon his lands called Little
Maling of Eossy, situated in the barony of Elphinstone in Stirlingshire,
on 20th August 1579. He characterised the raid as " schamefull and un-
worthie oppressioun," an injury to Lord Elphinstone, and of dangerous
national example, and called for the repression of such outrages, otherwise
they would provoke men to retaliate and to resist force by force. The
matter complained of was remitted by the council to be tried before the
competent judges.^
His next appearance is as a party to a bond of security for the payment
to King James the Sixth of four thousand merks yearly so long as William
Erskine, chancellor of Glasgow, possessed the abbey of Paisley. The king,
for his good, true, and thankful service done to him, had disponed this abbey
in favour of John, Earl of Mar, and his cousin, Mr. William Erskine. For the
payment of the sum named surety was to be found. The Master of Elphin-
stone, James Stirling of Keir, knight, and other two rendered this friendly
' Register of the Privy Council, vol. iii. p. 220.
112 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
service to the Earl of Mar and his cousin.^ Two months later the king
granted a royal remission to Alexander, Master of Elphinstone, James
Seytoun of Tullibody, and Johnne Eeid of Aikinheid, of the yearly payment
of this four thousand merks.^
A position at court in the king's household was now given to the
Master of Elphinstone. He was, on 15th October 1580, nominated and
appointed by his Majesty to be one of the "ordinar gentlemen of his
Hienes chalmer." Other twenty-nine persons were at the same time
made the recipients of a similar appointment, being, along with the
Master of Elphinstone, all " baronis or the sonnis or brethir of noblemen
and baronis, and having the moyen to leif on their awin, and being
knawin to have bene affectionat to his Hienes sen his birth." They
were to be sent for " with all convenient expeditioun " that they might
accept the charge and give their oath of faithful service. They were also at
their own option to have an extract of their appointment or the gift under
the king's privy seal. It was required of the persons so elected and
appointed that they " ackaawlege and profes the trew and Christian religioun
publictlie preachit and be law estableschit within this realme, and that they
communicat at the Lordis table at sic tymes as the same is celebrat in his
Majesties hous, thay being present, or utherwyse quhair they sail happin to
be for the tyme." It was further required of them that they should attend
quarterly upon the king's service as they should be commanded by the lord
chamberlain, except when the king was pleased to send for them, when they
were to repair to his presence and remain there such reasonable time as the
occasion required.^
The Master of Elphinstone had to appeal to the privy council with
reference to trouble occasioned by John, Master of Forbes. Differences had
arisen between the Master of Elphinstone and the Master of Forbes in
' Bond registered 14thFebruary 1579-80. Register of the Privy CouDcil, vol. iii. p. 266.
2 30tli April 1580, ibid. p. 285. ^ /j;rf pp_ 302, .323.
EXECUTION OF THE EARL OF GOWRIE, 1584. 113
relation to the lands of Mekle Innernauchtie, the particulars of which do
not transpire.^
About this time public events of considerable importance were tran-
spiring in Scotland. The raid of Euthven, which had taken place on 23rd
August 1582, and which was occasioned by the ascendency at court of
Lennox and Arran, had the Earl of Gowrie as its principal leader. The
king afterwards pardoned the earl for his participation in that raid. But
Arran soon recovered his ascendency, and by his insolence to him drove
Gowrie from court. Indeed there was a growing determination by the king
and Arran, his favourite, to proceed to severities against the Euthven
Eaiders. Many of these were, in consequence, driven into exile. Gowrie
asked and obtained leave of the king to go abroad. Meantime, dissatisfaction
with Arran and his persecutions led to new conspiracies having his over-
throw as their object. The court became alarmed at the return and move-
ments of a number of the banished lords. On 2nd March 1583-4, Gowrie
was ordered to act upon the licence given him and leave the country within
fifteen days. The revolutionary party resolved to attack Stirling Castle,
which they soon afterwards successfully accomplished. Gowrie, who still
lingered in Scotland, went to Dundee, ostensibly to embark in a vessel and
go abroad, but really to await the attempt upon Stirling Castle. Arran,
apprised of his movements and correspondence with the conspirators, sent
troopers to arrest him. He was taken prisoner, after a brief resistance, on
15th April 1584. On 4th May he was brought to trial, not only for more
recent events, but also for past treasons, and notably for the raid of Euthven,
before the high court of justiciary at Stirling.
The Master of Elphinstone, who, so far as known, had no share in
these public events, was placed on the assize at the trial of Gowrie. Among
others who acted with him on the assize were the Earls of Argyll, Crawford,
Montrose, Glencairn, Eglinton, Arran, Marischal, Lords Saltoun and Somerville.
' Writs in Elphinstone charter-chest.
VOL. I. P
114 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
William, Earl of Gowrie, was, ou the same day, tried, found guilty, sentenced
to death, and beheaded beneath the castle wall of Stirling.^
Among those who, in 1584, were forced into exile from the kingdom
and forfeited, on account of being obnoxious to Arran's administration, was
David Erskine, the abbot of Dryburgh.^ In some instances even the
wives of those who incurred the displeasure of the king's favourite were
either deprived of their freedom, or else had harder measures adopted
towards them. Margaret Haldane, the wife of the abbot, did not
escape. She was warded in Kildrummy, under the charge of the Master
of Elphinstone. Secretary Walsingham, one of the most trusted ministers
of Queen Elizabeth, was urged by Mr. Haldane, the brother of the warded
lady, to interest himself in her behalf. Edward Wotton had just been
despatched as ambassador from England to King James the Sixth. His
mission was ostensibly to secure the king's adhesion with other Protestant
princes to a counter league against the Holy League of the Pope, the king
of Spain, and others for the overthrow of Protestant states. His real
mission, however, was to bring about, if possible, the downfall of Arran, the
return of the banished lords, and the establishment of English influence in
Scotland. Walsingham wrote from his house at Barnelmes to Wotton on
16th May 1585, recommending the case to him.^
It would be interesting to learn the result of Walsingham's letter. But
the revolution which took place on 4th November 1585, by which the abbot
was restored, no doubt also led to the liberation from ward of Margaret
Haldane, his wife, if by that time she had not already obtained her freedom.
The Elphinstone estates had now been in the hands of the Master of
Elphinstone for a period of about rune years. He was at this time, in 1586,
confirmed in the possession of them by a series of writs. When these estates
^ Pitcairn's Criminal Trials, voL i. pp. 116- ^ Calderwood's History of the Kirk of
118. Acts of the Parliaments of Scotland, Scotland, vol. iv. p. 421.
vol. iii. p. 305. ^ The Hamilton Papers, vol. ii. p. 643,
RECEIVES SASINE OF THE ELPHINSTONE ESTATES, 1587. 115
were made over to him in 1577, the consent of the curators of his father,
the third Lord Elphinstone, who were appointed by the privy council at
the request of his lordship, was not obtained, nor was the conveyance of
them to the Master of Elphinstone confirmed by the king. These defects
were now supplied. On 17th and 19th March 1585-6 Sir Eobert Drummond
of Carnok, knight, and James Hamilton of the Haggis, two of the curators
of the third Lord Elphinstone, in terms of the appointment above described,
granted letters of consent, under their signatures and seals, to the disposition
of his estates by his lordship to his son, the Master of Elphinstone.^ This
was followed by the resignation of the estates by Lord Elphinstone in
presence of the king, a charter by the king, under the great seal, of the
whole lands, baronies and others contained in the estates, and a precept
of sasine, also by the king, under the quarter seal, both proceeding upon
the resignation of Lord Elphinstone. The resignation, charter, and precept
are all dated 16th December 1586. The Master of Elphinstone received
sasine of the estates on 22nd April 1587.^
In the Scottish parliament held in July 1587, an act was passed
for the purpose of reforming the disorderly inhabitants of the Borders,
Highlands and Isles. The act contains regulations for the carrying out of
this projected and very desirable reform. Two rolls of names are appended to
the act. The first of these is entitled, " Eoll of the names of the landislordis
and baillies of the landis duelland on the Bordouris and in the Hielandis, quhair
brokenmen hes duelt and presentlie duellis." In this roll, the " Master of
Elphingstoun " has his name inserted between the names of the Earl of Mar
and the Earl of Huntly, and under the heading " Highlands and Isles." The
Master of Elphinstone was thus acknowledged by the government as the
owner at the time of the Elphinstone estates in the north of Scotland.^
' Letters of consent, in Elphinstone charter-chest.
2 Resignation, charter, precept, and sasine, ibid.
3 Register of the Privy Council, vol. iv. p. 781. Acts of the Parliaments of Scotland,
vol. iii. pp. 465-6.
116 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
The Master of Elphinstone became cautioner for several sums during
the years 1587, 1588, and 1589, for Adam, commendator of Cambuskenneth,
John Cunningham of Drumquhassil, and George, Earl of Huntly.^ The two
instances in which he became cautioner for the latter need, however, only be
noticed. The king, with advice of Mr. Kobert Douglas, provost of Lin-
cluden, his collector-general, had let on lease to Huntly the common kirks
within Aberdeen, Banff, and Moray, who promised £1560 for the grassum
thereof. In a bond of cautionry, dated 18th August 1587, Alexander,
Master of Elphinstone, and John Leslie of Balquhane, promised, as
" cautionaris," to pay that sum to the collector-general.'^ Here the
Master of Elphinstone calls himself principal debtor as well as cautioner
to Huntly. Probably the Master's possession of a lease of the teinds of
the common kirks of Aberdeenshire at this time had to do with his
relation to the Earl in this bond.
The other instance is on 6th March 1588-9, when the Master of
Elphinstone, along with several others, became surety in the king's
presence for George, Earl of Huntly, for his fulfilment of certain offers
made by him for himself and his friends, and of a decree-arbitral to be
pronounced by the king by 1st May then ensuing, under a penalty of
10,000 merks. The offers and decree relate to feuds and debates which
existed between Huntly and his friends, and George, Earl Marischal, and
his friends.*
The clan Forbes continued to give much trouble to the Master of
Elphinstone on his estates of Innernete and Kildrummy. The differences
which existed between the Master of Forbes and the Master of Elphinstone
in 1580-1586 were never completely made up, and they broke out again soon
after any hollow truce. Many of the Forbeses became implicated in the
' Register of the Privy Council, vol. iv. pp. 162, 182, 303, and 364.
2 Extract registered bond in Elphinstone charter-chest.
3 Register of the Privy Council, vol. iv. p. 364.
FEUD WITH THE FORBESES, 1589. 117
troubles which arose out of these differences, and notably John Forbes,
younger of Towels, Alexander Forbes of Gellane, and his brother, William
Forbes, and also the Master of Forbes. These troubles became chronic and
interminable for a period of at least sixteen years, and in 1589 they came to
such a height of violence and oppression that the Master of Elphinstone
appeared personally before the privy council and warned them on the
subject. He said, "Quhais insolence and oppressioun giff the same be
nocht tymouslie preventit be sum substantious and gude ordour, will not
faill to bring on forder bluidshed amangis thame, sair aganis the said com-
plenaris will, sen he is desirous to leif in peax as his Majesteis gude subject." ^
The remedy generally applied by the Council was to ordain the offenders to
find caution in sufficient sums.
Several transactions between Alexander, Master of Elphinstone, and the
Drummonds, which took place about this time, require to be noticed,
as they furnish the genesis of a feud which some years later broke out
between him and the Earl of Mar, in which several noblemen were
involved. In this feud, besides the Earl of Mar on the one side, there
was Sir James Forrester of Garden, knight ; and besides the Master of
Elphinstone on the other side, there were Alexander, Lord Livingstone,
Sir Eobert Bruce of Clackmannan, knight, John Livingstone of Dunipace,
and Sir Eobert Bruce of Airth, knight. The feud brought no small
trouble to the Master of Elphinstone and all those who were implicated
in it, and it was only finally settled by the intervention of the king.
It will be seen in what follows how the Master of Elphinstone became
connected with this feud.
Eobert Drummond, son of Sir Eobert Drummond of Carnok, had been
dispossessed, in March 1583, of the lands called St. Ninian's Chapel
Croft at the east end of the burgh of Stirling, by Alexander Forrester
of Garden and John Donaldson, burgess of Stirling. His right to these
1 Register of the Priry Council, vol. iv. p, 392,
118 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
lands on 4th June 1590 he made over to Elphinstone in return for
payment for it. '
The next and more important transaction takes the form of an agreement
between the Master of Elphinstone and John Drummond of Slipperfeild,^
who was tacksman of the lands and Koyal forest of Torwood in the shire of
Stirling. As in the foregoing case, Drummond had a quarrel with Alexander
Forrester of Garden about that forest. By the agreement referred to the
Master of Elphinstone obliged himself directly and openly to meddle in the
quarrel between Drummond and John and Alexander Forrester of Garden
regarding the Torwood. The Master was also to bear the half of the charges
in law till the final decision of all actions that might arise upon that quarrel.
He was likewise to assist and to the utmost of his power maintain John
Drummond in putting his decreets, contraventions, etc., to execution : and
to do all that in him lay to make so much of the forest of Torwood
peaceable to John Drummond as the latter should obtain right to.
In the same agreement, and for the causes above stated, John Drummond
bound himself and his heirs that the equal half of the profit accruing out of
the forest of Torwood by " mawing of the medowis, pasturing of guddis within
the forest, inhabiting, or setting of the arable landis within the precinct of
the said forest, spoulzeis, contraventionis or vtheris decrettis quhatsum-
ewer," recovered from Forrester should belong to the Master of Elphinstone.
1 Letters of assignation in Elphinstone against them. This decreet Drummond
charter-chest. The Master of Elphinstone, made over to Ale.xander, son of the Master
on 22ud January 1592, transferred this right of Elphinstone, on 15th January 1598 [Writs
to Alexander Elphinstone, his son. But in Elphinstone charter-chest.]
afterwards, on receiving from Robert Drum- - John Drummond of Slipperfeild after-
mond a larger sum than he had paid for it, wards became Sir John Drummond of Haw-
the Master of Elphinstone and his son re- thornden. He was a kinsman to the Master
stored it to Drummond on 26th August 1595. of Elphinstone, being a son of Robert Drum-
Drummond now obtained a decreet from the mond of Carnok and his wife, Marjory Elphin-
privy council declaring that Forrester and stone.sister of Kobert, thirdLordElphinstone.
Donaldson had wrongfully occupied the lands His son, William Drummond of Hawthornden,
in question, and he raised letters of horning was the famous poet and historian,
FEUD WITH FORRESTER OF GARDEN ABOUT THE TORWOOD. 119
The other equal half was to belong to John Drummond and his heirs. The
Master received a letter of factory from Drummond giving him power to in-
tromit with the profits and to do in reference to the forest all that Drummond
might do, but requiring from him at the same time a yearly reckoning of
his intromissions and payment of the equal half of the profit. This factory
was to continue during the dependence of matters in law between Drum-
mond and the laird of Garden. If Drummond's right prevailed, he engaged
to dispone it to the Master of Elphinstone at the sight of James Elphin-
stone of Innernochtie and Alexander Drummond of Medhope. Neither of
the parties to the agreement was to act in the matter without the other.^
As explanatory of the disagreement which existed between Drummond
and Forrester in which the Master of Elphinstone now undertook to be a
party, it may be explained that the lands and forest of Torwood bordered
with the moor called King's-side Muir and the house called Forrester's
Mansion, which belonged to the laird of Garden. Evidence of the feud
was soon after this given in which Elphinstone's appearance was more
passive than active. At a perambulation of the marches of the respective
lands now described, appointed by the king and council, Forrester met
the lords visitors with a thousand armed men, whom he refused to disband.
The lords, considering themselves deforced, went to the place of Elphinstone
for two days. A second attempt was then made, but with the like result.
Fearing bloodshed, the lords visitors and Alexander, Lord Livingstone, the
king's commissioner, requested John Drummond and the Master of Elphin-
stone, who was in company with him, to depart off the lands, which request
the register of the privy council says " wes willinglie obeyit." The lords
were again deforced.^
Matters did not improve by subsequent events. In July 1595 the
1 Agreement, dated Elphinstone, 27th comptroller, and John Drummond of Slipper-
August 1591, in Elphinstone charter-chest, feild, nth October 1593. Register of the
' Complaint by David Setouu of Parbroth, Privy Council, vol. v. pp. 98-100.
120 ALEXANDER, FOITRTH LORD ELPHINSTONE, 1602-1638.
slaughter of David Forrester, bailie of Stirling, on his way from Edinburgh
to Stirling, by a party of Bruces and Livingstones, consequent upon a
previous quarrel between this David and one of the name of Bruce, involved
these two families as well as that of the Earl of Mar in the feud. Forrester
was in the service of Mar when he came to his tragic end. Spottiswoode,
after describing the slaughter, adds that the Earl of Mar took it greatly to
heart. The course he pursued shows this. He " caused bring the body of
his servant to Linlithgow (for he was killed nigh to Kirkliston), and with
his whole friendship conveyed the same to Stirling there to be interred,
carrying along the portrait of the dead with the wounds he had received
drawn on a white sheet to move the beholders to a great detestation of
the fact." The matter did not end there. " The corpse buried, and the Earl
following the course of law, the Lords Livingstone and Elphingston did
party the committers. And though the king by his proclamation did
prohibit the assisting either of the pursuer or defenders, commanding
justice to be done, nothing could take effect in that troublesome time : so
powerful was the combination of parties." ^
By the interposition of the king the several parties to the feud submitted
by agreement the whole matter to his Majesty's arbitrament. The royal
arbiter invited them to send to him their " griefs," complaints, and offers of
satisfaction, but excepting the actual committers of the slaughter of David
Forrester from all benefit to be derived from the arbitration. The decreet-
arbitral of the king, which is dated 8th April 1599, is an interesting docu-
ment. He gave it not only as arbitrator, but " als thair onlie prince and
souerane to quhome it belangis of our princelie dewtie to remowe all ground
as fundamentis and occasionis of feidis betuix ony of our subiectis." He
declared that the occasion of the bad feeling between many of them who
were submitting to his arbitration proceeded from slanderous reports made
with a view to sow discord between them.
' Spottiswoode's History, vol. ii. p, 4lJ5.
HT7NTLY AND THE MURDER OF JAMES, EARL OF MORAY. 121
It is only necessary to notice the decree arbitral further here so far
as it relates to the Master of Elphinstone. The king gave a separate judg-
ment upon each person. He entirely cleared the Master of any " airt and
pairt" in the slaughter of David Forrester, as well as of any "devyse or
cours " against the Earl of Mar. In regard to another slaughter that had
happened in the feud, that of John Forrester of Wanless, the Master stated
that it proceeded upon the " auld haitret and deidlie feid " between the
Master and the laird of Garden, originating with the lease of Torwood to
John Drummond of Slipperfield. Moreover, the Master had given assyth-
ment to his widow.
The king's decision was that the parties at feud should lay aside all
rancour and cultivate friendship, and that Elphinstone should make repara-
tion and satisfaction to the relict and children of John Forrester of Wanless.i
While the events connected with the feud and its settlement by the
king just described were taking place, other events were transpiring which
now require to be noticed. The burning of Donibristle and murder of
James, Earl of Moray, and Dunbar, sheriff of Moray, are matters of history
and well known. The king, as if to atone for his indifference to these foul
crimes of Huntly, had a raid proclaimed for his pursuit and capture. The
army was appointed to meet at Perth on 10th March 1591-2 for this
purpose. Before that date, however, the Master of Elphinstone made
offers to the king in name and behalf of Huntly, that the latter and his
accomplices would appear before the king and council and undergo trial
for the crimes charged against them. The king and council, in respect of
these offers and a letter from Huntly, deserted the raid, at the same time
warning the lieges to be prepared to take part in another raid on fifteen
days' warning, which shows that too much trust was not placed in Huntly's
professions of submission.^
' Extract registered decreet-arbitral, and relative papers, in Elphinstone charter-chest.
2 Register of the Privy Council, vol, iv. p. 733.
VOL. I. Q
122 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
While still Master of Elpliinstone, and before lie succeeded to his father
in the peerage of Elphinstone, the Master resigned in favour of Alexander
Elphinstone, his son and apparent heir, the town and burgh of Kildrummy,
and various lands in the earldom of Mar and shire of Aberdeen.^
In the autumn of 1594, while Forbes and the Master of Elphinstone
were still at feud, the latter was charged by the king to deliver his fortalice
of Glenbuchett to John Couttis, messenger, within a certain time, under pain
of treason. By another warrant, Couttis was ordered to deliver the fortalice
to John Forbes of Towy. Elphinstone, annoyed at the proceeding, appeared
before the privy council on 28th October 1594, and complained that he had
constantly professed obedience to the king, and had committed no offence
which would justify his house being taken from him and delivered to Forbes,
who was the king's rebel, being unrelaxed from the horn. He offered, how-
ever, to deliver the house, if it would advance the king's service, on condition
that Forbes should be bound not to demolish the fortalice."
The Master of Elphinstone succeeded by his complaint in averting the
mortification of seeing Forbes in possession of his house. The letters of
the king were suspended, and Elphinstone became bound in £10,000
that the house of Glenbuchett would be delivered to the king upon
warning, and that in the meantime he would reset none of the king's
declared traitors therein.^ It has already been seen that Elphinstone was
the bearer to the king of the offers made by Huntly. This may have
brought him into suspicion of holding intercourse with that Earl and his
accomplices. Whether on this or some other ground is not apparent, but
certainly within a year of these offers being made, suspicion was entertained
of him of this nature. This is evident from an earlier entry in the register
1 25th January 1593-4. Register of the Elphinstone of these lands, in Elphinstone
Great Seal, vol. vi. No. 51 ; also sasine, charter-chest.
dated 22nd September 1595, on a precept ^ The Register of the Privy Council, vol. v.
from the kiug in favour of Alexander p. 186. ^ 28th October 1594. /6i(/. p. 186.
SUSPECTED BY THE KING OF CONNECTION WITH HUNTLY. 123
of the privy council, dated 3rd March 1592-3. In that entry James
Abircrummy of Korsy became cautioner in 5000 merks for the Master of
Elphinstone that he would not repair north of the Tay without the king's
licence, and that the keepers of the fortaUces of Kildrummy and Glen-
buchett would not reset therein George, Earl of Huntly, William, Earl of
Angus, Francis, Earl of Errol, or any other declared rebel for the burn-
ing of Donibristle and murder of the Earl of Moray.^ Although this entry
is marked " deleted by a warrant subscribed by the king and his secretary
at Edinburgh, 28th Jxily 1593,"^ it is apparent from the later charge in
1594 given to the Master of Elphinstone that these suspicions expressed
in the manner stated were again revived.
Elphinstone was not long in disfavour. He was present on 22 nd May
1596 at the convention of estates.^ On 18th October following he received
a warrant subscribed by the king, Lennox, Glencairn, and other two lords,
to bring before the council for trial at Linlithgow, the next forenoon. Maws
Livingstone, the suspected murderer of Lady Livingstone.* He soon after,
however, again lost favour, although for what reason does not appear. On
4th May 1598, he was warded in the castle of Dumbarton, where he was
to remain until he was liberated by the king.^ He must have been liberated
before the close of the next month, as on 29 th June he attended the conven-
tion of estates at Holyrood-house, as M'ell as another convention which met
on 30th October at the same place.^
In the same year his relative, James, commendator of InchaflVay, wrote
him on 27th October, from Innerpeffrie, having heard of his home coming, to
appoint a day for a meeting for ending the tutor of Carnok's accounts.
1 The Register of the Privy Council, vol. v. chest.
pp. 47, 48. 2 ii,i^_ 5 Original warrant to the keeper of the
3 Acta of the Parliaments of Scotland, castle, ibid.
vol. iv. p. 97. Register of the Privy Council, ^ Acts of the Parliaments of Scotland,
vol. v. p. 288. vol. iv. pp. 158, 173. Register of the Privy
* Original warrant in Elphinstone charter- Council, vol. v. pp. 462, 489.
124 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
The commendator subscribes himself, " Your maist afFectionet brother to
be commandit, Incheffray ; " and addresses his letter " to his louing
brother the Maister of Elphistoun." ^
In another letter, Patrick, Earl of Orkney, another relative, requests
the Master's co-operation in a matter of business. The Earl writes : —
" Luiffing brother, eftir maist hertlie commendatiouns. Albeit your weghtie adois
haue stayit our melting, yit I am informed be the berar, my seruitour, Andro Mertyne,
how ernist and willing ye haue bene in suiting of your decreit of transferring ; and how
the proces restis at the aduyseing. But now I am aduertisit that my mother is
departit this lyff : and hir executouris ar als busie as euer scho wes in hii- tyme to put
me to trubill. Thairfoir, I man requeist yow ernistlie to proceid with the foirsaid
actioun and obtene your decreit with sic convenient diligence as is possibill aganes the
executouris, to quhome I hoip ye will schaw na mair courtessie nor favour (in my
contrare) nor ye did to my mother in hir tyme. For the actioun is nocht changed in
my persoun, albeit my persewar be alterit. As for the sume that I am addettit to yow,
the berar will tak ordour thairwith ; to quhome with credeit I leve the rest, and com-
mittis yow to God. Birsay, the xxix of October 1598. — Your loufBng brother at
power, Orknay.2
"To my luifBng brother the Maister of Elphynstoun," etc.
On 14th December 1598 the privy council was dissolved. A new council
was then appointed composed of thirty-one persons. The Master of Elphin-
stone was one of those appointed. He, however, did not attend the council
until 10th April, when it is recorded that "the Master of Elphingstoun, being
elected to be of the privy council, gives his oath in due form." ^ The day
following he took his seat as a privy councillor, and his name appears for
the first time on the sederunts of the council, where he is described as
" Magister de Elphingstoun." * Under this designation he only continues in
the sederunts of the council in their two immediately subsequent meetings
of the 1 2th and 1 7th April respectively.^
1 Original letter in Elphinstone charter- stone. The Earl and the Master of Elpbin-
chest. stone were thus brothers-in-law.
2 Original letter, ibid. The Countess of ^ Register of the Privy Council, vol. v.
Orkney was a sister of Jane, Lady Elphin- p. 547. ^ Ibid. ^ Ibid. p. 548.
APPOINTED LORD TREASURER OF SCOTLAND, 1599. 125
Other successive appointments to office, not less important than that just
mentioned, in this and the succeeding month of the same year, 1599, fall to
be recorded at this point. In the interval following previous to the next
meeting of the privy council on 19th April, the Master of Elphinstone was
appointed to the high office of Lord Treasurer of Scotland in succession to
John, Earl of Cassillis.^ Being present at that meeting he accordingly, for
the first time, appears on the sederunt of it as " Thesaurarius." ^ Under
this new designation, he continued to be described in the sederunts of council
while he held this appointment.
His predecessor in the treasurership, the Earl of Cassillis, who succeeded
Walter Stewart, prior of Blantyre, held office only for a few weeks. The
prior, by favouring Mr. Eobert Bruce, one of the ministers of Edinburgh,
when the king had deprived him of a pension derived from the abbey of
Arbroath, displeased his Majesty, who warded him in the castle of Edinburgh,
took proceedings against him, and compelled him to resign bis office.^ The
Earl of Cassillis received the appointment through his wife, a wealthy lady,
who, anxious to enjoy court life, purchased the office for the Earl, her
husband, by making money advances to the king to the extent of forty
thousand merks. The Earl also, on the 27th March 1599, came to an under-
standing with the prior, which he confirmed two days later, binding himself
to relieve him of certain sums due by him to persons named in the agree-
ment. His lordship thereby secured his peaceable demission of the treasurer-
ship in his favour. He further obtained legal investiture and at his special
desire was proclaimed treasurer.* But the Earl of Cassillis in displaying all
this eagerness for this office was not aware of the mismanagement of the
1 The treasurer was not designed Lord burgh, March 13, 16, and 24, 1599. [Calendar
High Treasurer until after the union of the of State Papers, Scotland, vol. ii. pp. 767-8.]
two crowns of Scotland and England in 1603. * Letter to Sir Robert Cecil from George
2 Register of the Privy Council, vol. v. p. Nicolson, dated Edinburgh, March 28, 1 599.
551. [Calendar of State Papers, Scotland, vol. ii.
3 Letters to Sir Robert Cecil from James p. 768.] Also Register of the Privy Council,
Hudson and George Nicolson, dated Edin- vol. v. pp. 548-9,
126 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
revenues which prevailed, the number of precepts directed to the treasurer
for money, and the embarrassment which was the necessary consequence of
all this. When he made the discovery, which he did by the 10th of April,
he refused to accept the office, and fled from Edinburgh. Ou the 11th he
was charged within ten days to assume his official duties and to return to
Edinburgh.^ On I7th April he desired by his procurator to know if the
prior of Blantyre had demitted office in his favour, whereupon Blantyre, who
was present, demitted it. The Earl's procurator having no power, the king
and council held that Cassillis had failed in his duty ,2 and they considering
that he had forfeited the office, acted on that understanding.
It was in these circumstances that the Master of Elphinstone obtained
his appointment to be treasurer. Spottiswoode, who furnishes several details
in these matters, informs us that it was upon the recommendation of his
brother, Mr. James Elphinstone, at the time secretary for Scotland, that the
Master of Elphinstone now became treasurer.* It has already been pointed
out that he had received the appointment by 19th April, on which day he
appeared in the character of treasurer in the privy council. Cassillis was
greatly enraged to find himself superseded iu this manner. In a letter
written from Edinburgh on 20th April, George Nicolson, the English resident
there, informed Sir Eobert Cecil, the minister of Queen Elizabeth, of the
matter, referring to the Earl's deprivation, " his rage," and " his disgrace with
the king."* He informed him further, in another letter, written three days
later, that the treasurer was settled in his office.^
Still another appointment which the Master of Elphinstone received from
the king in the course of the year 1599 was that of the office of extra-
' Letter to Sir Robert Cecil from George ^ Calendar of State Papers, Scotland, vol.
Nicolson, dated Edinburgh, AprU 10, 1599. ii. p. 769.
[Calendar of State Papers, vol. ii. p. 768.] ^ Ibid. A month later, or on 20th May,
Register of the Privy CouncU, vol. v. pp. quarrelling about the treasurership was still
.547-S. ^ /6i(^ pp. .548-550. going on. [Letter, Sir William Bowes to Sir
3 Spottiswoode's History, vol. iii. p. 79. Robert Cecil. Ibid. p. 770.]
APPOINTED AN EXTRAORDINARY LORD OF SESSION, 1599. 127
ordinary lord of session. On 17th May he presented a letter from King
James to the college of justice. This letter proceeded, that " the presenta-
tion of the extrodinar lords of the sessioun hes in all tymes bygane sen the
institution of the College of Justice bein at our pleasure to be displacet
and of new provydeit be us, as we half thocht expedient, and that it is
necessar that our theasurer be of the number." The king therefore requested
the court to admit Alexander, Master of Elphinstone, who was now lord
treasurer, to be an extraordinary lord of session, in place of Walter Stewart,
prior of Blantyre, the late lord treasurer of the kingdom. ^
It will be seen from the terms of his appointment that the Master of
Elphinstone was made a senator of the college of justice at this time on the
ground of his being treasurer. In keeping with this, he received the place
in the session formerly held by Blantyre, the former treasurer. The ordinary
lords of session were by statute restricted to the number of fifteen — seven
spiritual lords and seven temporal lords, with a lord president. Their nomina-
tion to office was vested in the crown, but they were only admitted as senators
after trial of their qualifications. The king had it as his prerogative to add
supernumerary lords to the number of three or four, although frequently
more than that number were appointed. These were called extraordinary
lords. They differed from the ordinary lords in that, among other things,
they were not required to undergo any entrance trial of gifts, they received
no emoluments from their office, and they were not obliged to give constant
attendance at the college of justice. They could be removed from office at
the king's pleasure. They had certain restrictions placed upon them, such
as that they could not buy lands depending in controversy. At the same
time they were not without advantages accruing to them from their official
position. One of these was that they were exempted from paying taxes. ^ The
• Senators of the (JoUege of Justice, p. 242.
2 A succinct statement on the Court of Session and its officers is given in "Memorials of
the Earls of Haddington," vol. i. pp. 74-82.
128 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
senators of the college of justice had each his judicial or courtesy title, by
which he was distinguished. The Master of Elphinstone, on being nomi-
nated an extraordinary lord, retained his usual designation without the
addition of any titular distinction.^
Upon receiving the important appointments now described, the Master
of Elphinstone took an active and prominent part in the public affairs of the
nation. He especially did so as a privy councillor and as treasurer. His
position in the council was rendered the more important and responsible,
and his duties there were the more numerous and onerous, from his being
one of the ministers of the crown. He was one of the most regular in his
attendance at the council meetings, especially during the time he was
treasurer. Indeed many of his duties as treasurer fell to be discharged at
these meetings. It was his duty to pursue parties before the council, in the
king's interest, for contravention of acts of caution in sums of money, in
cases calling for fines and penalties, and in a variety of other cases. He
sued such parties generally in conjunction with Mr. Thomas Hamilton of
Drumcairn, afterwards first Earl of Haddington, the king's advocate. His
office, however, always gave him precedence over the lord advocate. It also
belonged to him, as treasurer, to advise the king and council in certain cases
coming before them ; and in the decrees which they emitted they frequently
state that they give them with advice of Alexander, Master of Elphin-
stone, treasurer. It was also necessary for him to appear in the council as
complainer in the king's interest, as well as defender in cases where his
official acts formed the matter of complaints against him. It was his place
to obtain letters for parties to find caution in certain sums, or charging them
to appear before the king and council. There are numerous entries in the
register of the privy council in which he is found acting in the various ways
above stated. Soon after his entry to office he took action against several
persons for coining and circulating spurious money. Amongst others, he
' Senators of the College of Justice, p. xvi.
PAYMENTS TO ARCHIBALD JOHNSTON AND GEORGE HERIOT. 129
indicted one John Weir, on whose behalf John, first Marquis of Hamilton
writes, being a tenant of his.^
Various warrants were signed by King James directed to James Semple
of Beltrees, the king's receiver in England, to pay various sums which
fell on the Treasury in Scotland. One of these payments was to Archi-
bald Johnston, merchant and burgess of Edinburgh. Johnston had
paid to the king this same year the sum of seven thousand pounds,
conform to a contract between the treasurer on the one part and Sir
George Home of Spott, knight, and the said Archibald on the other
part. Semple was now to pay to Johnston this sum, which would
be allowed him when accounts with him were settled. The precept is
dated "the fferd day "of December 1599. Among the signatories to the
precept is the Master of Elphinstone, who subscribes himself "A. M. E.,
Thesaurer."2
The payment in another precept was to be made to George Heriot,
younger, goldsmith. The sum to be paid was four hundred pounds sterling,
which the king and his treasurer were due him " ffor certane jewellis coft
and ressauit be ws fra the said George vpone the first day of Januar in-
stant." The precept is dated 14th January 1600, and contains the same
signature of the treasurer as in the precept last mentioned.*
A fourth precept, subscribed by King James, Lennox, and other coun-
cillors, directed to Elphinstone as treasurer, may be given here : —
" Thesaurer, Forasmuch as Maister James Fullertone is to make his present repair
to London for our affaires, we will and command yow to delyver to the said Mr. James
the siimme of two hundereth crownes allowed to him by vs for his chardges, whereof
yow must not faile, as yow will answer to the contrarie. And for doing hereof this
1 Original letter, dated Kinneill, 5th July Montrose, and others, sign an acquittance by
1599, in the Elphinstone charter-chest. the king to George Heriot, younger, for a
2 Original precept, ibid. jewel given him in security for a sum of
2 Original precept, i6irf. On .^rd July money owing to him by his Majesty [Register
following, the Master, along with the king, of the Privy Council, vol. vi. p. 129].
VOL. I. R
130 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
shall be yowr sufficient discharge. Signed with our hand, this xxvijth of October,
1600. James R.
"Lenox. Secre". S. G. Howme. M.T.Hamilton.
" COMPTEOLLEE. Jo. PeESTOUN. FyVIE." ^
The Master of Elphinstone attended the convention of estates at Holy-
rood-house on 11th December 1599.^ In the beginning of 1600 he was
placed on a commission for bringing about the concurrence of the lieges
with the sheriffs and magistrates in the execution of their offices,^
Among the items of expenditure which fell to be met by the treasurer
out of his revenue was the erection and repair of the king's houses and
castles. The Master of Elphinstone received a letter, as treasurer, from King
James the Sixth about the repair of Holyrood-house, which the Master
had promised him to have done. The king does not state the extent or
nature of the reparation to be made. An examination of the treasurer's
accounts for the period would, however, probably disclose this. In the
preface to the Charters of Holyrood, printed for the Bannatyne Club, where
a historical account of the palace and of repairs upon it is given, no reference
is made to work done on the palace at this time. The letter of the king, so
far as it may be considered an addition to what is known of Holyrood, is
worthy of being quoted in full, which is here done : —
" Richt trusty and weilbelouit couusallour, we greit you hertlie weill. Seing it is
now hie tyme to begin the reparatioun of our palice of Halyruidhous according to your
promeis maid thairanent, we have thocht guid to will and desire you to begin thairto
indelayedlie vpoun the ressait herof, and to be bissie and cairfuU in perfytiug that work
with all diligence, as you will do ws speciall guid pleasour and seruice. Swa we commit
you to God. From Falkland, this nynt of July 1600. James R."
" To our richt trusty and weilbelouit counsallour, the Master of Elphingstoun, our
Thesaurer." •*
This last year of the sixteenth century has been rendered memorable
1 Original in Elphinstone charter-cheat. p. 62. ^ /j;^ p gs.
- Register of the Privy Council, toI. vi. ■* Original in Elphinstone charter-chest.
THE GOWRIE CONSPIRACY. 131
by what is known in history as the Gowrie Conspiracy. It is unnecessary
to give any detailed narrative of the conspiracy, which has been so often
told. According to King James, he was, on 5th August 1600, lured by
John, Earl of Gowrie, from Falkland, where he was hunting, to make a hasty
journey to Gowrie House, at Perth, ostensibly to inspect a pot of gold which
had recently been discovered ; and when there the Earl attacked the king so
as to endanger his life. Assistance having come to the king, the Earl and
his brother, Alexander Ruthven, were slain in the struggle.
News of the conspiracy and of the king's escape reached Edinburgh on
the following day, the 6th August. The privy council at once convened,
issued a proclamation notifying the king's deliverance, requiring his dutiful
subjects to give thanks to God therefor, and in token of their joy, to cause
the bells of the burgh of Edinburgh, the Canongate and Leith, to be rung,
and bonfires to be made. The Master of Elphinstone, who was present at
the council, took a prominent part in these rejoicings. Birrel in his Diary,
and Balfour in his Annales, inform us that the castle guns were fired, bells
were rung, and trumpets were sounded ; there were also fireworks and bonfires,
and dancing and public rejoicing. The Earl of Montrose, lord chancellor, the
Master of Elphinstone, Sir James Elphinstone, secretary, and many of the
nobility and officers of state, repaired to the market cross of Edinburgh, and,
after hearing an oration from Mr. David Lindesay, on bended knees, with
uncovered heads, gave thanks to God for the king's deliverance.^ The
meetings of council on the 6th and 7th of August were wholly devoted
to the subject of the conspiracy, as well as a large part of the meeting
on the 12th of that month. The Master of Elphinstone attended these
meetings. He was also related to other proceedings consequent on the
Gowrie conspiracy.^ He was a commissioner, appointed under the testimony
' Birrel'3 Diary. Balfour's Annales, vol. i. which she makes a touching appeal on be-
pp. 406. half of her daughters, whom she is unable to
2 A letter from Dorothy, Countess Dowager support, and desires the king to be spoken
of Gowrie, the mother of the slain Earl, in to for them, has the address torn. It was
132 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
of the great seal, for holding what turned out to be the last Scottish parlia-
ment held by King James prior to his succession to the English throne,
and departure to England. This parliament met on 1st November 1600,
and three days later, in presence of the Master of Elphinstone and other
lords commissioners, William Euthven, brother of John, Earl of Gowrie,
and other members of the Euthven family, were tried, sentenced to
death, and forfeited.^ This parliament also passed several acts connected
with the Gowrie conspiracy. One of these, an act in favour of James
Wemyss of Bogy, and Mr. John Moncreiff of Easter Moncreiff, may be
mentioned, as Treasurer Elphinstone became a party to the matter to which
it refers in the beginning of the next year.
Wemyss and Moncreiff had managed the affairs of John, Earl of Gowrie.
In a petition to parliament they showed that, in the discharge of their duty
to the Earl and his estates, they had became burdened with debts, from
which the forfeiture of the Earl prevented them obtaining relief. The act
passed gave them the relief they craved.^ On 1 6th January, the Master of
Elphinstone, and also Sir David Murray, knight, comptroller, submitted to
the privy council the question if payment should be made to Wemyss and
Moncreiff of another sum due to them in the circumstances above described.
The council having heard parties, decerned the treasurer and comptroller to
pay the sum equally between them.^
By the close of the year 1600, Semple of Beltrees had rendered the
account of his charges and intromissions, as the king's receiver in England,
in connection with the royal annuity, showing a certain amount due him as
super-expenses. The king gave a precept to Elphinstone, dated at Holyrood-
apparently written either to the Master of ' Acts of the Parliaments of Scotland,
Elphinstone or his brother, the secretary. vol. iv. pp. 191-2. Pitcairn's Criminal Trials,
It is printed at length in the Ninth Report vol. ii. p. 159.
to the Commissioners on Historical Mss., ^ Acta of the Parliaments of Scotland,
p. 196, the original letter being in Elphin- vol. iv. p. 245.
stone charter-chest. ^ Register of thePrivyCouncil, vol. vi. p. 194.
EXTRACTS FKOM HIS ACCOUNTS AS TREASURER. 133
house, 22nd December 1600, aud subscribed by his Majesty and several of
his council, to pay Beltrees one hundred pounds sterling.^
On 18th March 1601, the king and council assigned the 27th of May
following for the auditing of Elphinstone's accounts as treasurer. These
accounts, extending over the period of his treasurership, like the accounts of
his predecessors and successors in office, contain much interesting information
upon events then current, as well as upon the customs and habits peculiar
to these times.
In the Appendix to Letters to King James the Sixth, printed for the
Maitland Club in 1835, there are extracts from the accounts of the treasurers
of Scotland from 1593 to 1603, a period which covers the treasurership of
Elphinstone. There are also among the Elphinstone muniments a number
6f duplicate pages of the treasurer's accounts in manuscript. These extend
to sixteen folio pages, and they are from October to December 1600. A few
of the entries in the accounts, taken from these two sources, during the time
when Elphinstone had charge of them, will now be given.
It fell within the scope of the office of treasurer to pay for the apparel of
the royal family, and of their servants and officers who wore liveries, as well
as the miscellaneous expenses of the king and his family ; their food and
furniture, etc., falling to be provided by the comptroller. The following
entries occur in the print by the Maitland Club : —
" Mail 1599. Item, payit to Peter Sandersoun, tailyeour, for certane furnitour maid
be him to thair Majesteis twa dochteris agane the tyme of the baptisme of Ladle
Margaret, ........ iiij'^ 1.
" Jun. Item be his Majesteis speciall directioun the furnitour following for the
use of his darrest dochter Ladie Princes Elizabeth — ■
" Item, sex lane mutchis contenand ane ell and thrie quarteris, . viij 1. xv s.
" Item, for pearlling to put about the samin, . . . xxxiij s.
"Julij. Item be command of his Majesteis preceptis the furnitour following for
thair Majesteis aucht Laqueyis and ane of the Prince his, thair darrest sone.
1 Original ia Elphinstone charter-chest.
134 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
" Item, xlv elnis reid skarlet Louduuu clayth to be the saidis Laquayis cloikis, cottis
and breikis, ........ iij<=l 1." i
There are two entries in which the Master of Elphinstone had a personal
interest, and which may be here quoted. The marriage of the two daughters
of the treasurer, Annas, to the Earl of Sutherland, and Jean, to Arthur,
Master of Forbes, referred to in the subsequent memoir and notice of them
respectively, took place on 5th February 1600. The king and queen and
most of the nobility were present at the two marriages. The following
entries in the treasurer's accounts are closely connected with this interesting
event in the Elphinstone family.
" Feb. Item, delyverit be commandiment of his Majesteis precept to Sir George
Home of Spot, knycht, master of the gardrop, twa goldin cheinyeis and cheinyie
beltis, with twa pair of garnessingis bak and foir, to be delyverit as his Hienes
propyne to the Countes of Sutherland and Maistres of Forbes the day of thair
mariage, ...... I™iij<^xxxiij 1. vj s. viij d."
" Item, delyverit to his Majesteis selff to play at the cairtis in the moneth of Feb-
ruar 1600 the tyme his Majestie wes in the cunyiehous of Edinburgh, at the mariages
of the Erie of Sutherland and Master of Forbes, sex fyve pimd peces, being omittit in
the preceiding compt, ...... Ixxxij 1." ^
Besides those already mentioned, the treasurer has references in his
accounts to the sickness, which had a fatal issue, and to the subsequent
embalming of the body of the infant Princess Margaret. These are soon
followed by others regarding the birth of the Duke of Albany, afterwards
King Charles the First, which took place at Dunfermline on 19th November
1600. In the duplicate pages of the accounts already described there are
numerous entries relative to the Duke, and providing necessary articles for
him, such as his bed and cradle, which received great attention. The
following in November 1600 refers to his baptism :—
" Item, for four elnes and ane half of quhyt sating to be him aue coit the day of
his baptizem at viij li. the elne, inde, .... xxviij li." ^
1 Letters to King James the Sixth (Maitland Club), p. Ixxiv. ^ ii,j^ pp ixxv-lxxvi,
^ Duplicate pages of Treasurer's AccoxintB, in Elphinstone charter-chest,
DEMITS HIS OFFICE OF TREASURER, 1601. 135
There are also many entries for bedding and wearing apparel for the
" Maistres nureis," the " Eockaris," and the " Maistres Eokar " in attendance
upon the infant Duke. These entries are under the same date.
On 29th June 1601 the privy council "find meet that there shall be two
master households to the king, two to the queen, two master stablers to the
king, two to the queen, six gentlemen to the king, and six to the queen."
The salaries of these were fixed by the council, who ordained two parts to be
paid by the comptroller, and the third by the treasurer.^
The treasurer demitted his office in September of this year. But as early
as 1600, one of those differences arose between Elphinstone and the king
which ultimately brought about his retirement from office. The circum-
stances were these. The king had promised to the laird of Urchill the
escheit and forfeiture of Hew Moncreif, an associate of Gowrie, for assisting
him when his life was endangered. Elphinstone, it appears, opposed the
implementing of this promise, and gave the escheat and forfeiture to Alex-
ander Elphinstone, his son, without the king's knowledge. The king,
resenting this, on 5th August 1600, gave a signature of remission to Hew
Moncreif " for the treasonable attempt committit aganis his Hienes at Perth."
This signature passed the " chancellarie and grit seill," without any acknow-
ledgment of the treasurer therein. Treasurer Elphinstone thereupon, on 19th
February 1601, gave in a petition to the king and council. He held that the
subscribing and "componing" of signatures about the office of treasurer
had always belonged to the treasurer and his assessors, and that no signature
unsubscribed by them passed the seals. He considered that the king's act
was prejudicial to his office, and he said he could not be answerable for the
dutiful discharge of his office " gif sic noveltie be allowit or sufferit to come
in practize and custome." He craved that the remission "sa inordourlie
past mycht be callit bak and eschewit in tyme cumeing." The king, so
far from being moved by this petition, wrote a letter to Alexander Elphin-
' Register o£ the Privy Council, vol. vi. pp. 263-4.
136 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
stone, on 8th July 1601, calling him to transfer to Hew Moncreif all right
he had to Hew's lands and goods hy any gift proceeding from his forfeiture.^
The king's defence was that he had made a promise to the laird of
Urchill. The Earl of Montrose, chancellor, who was keeper of the great seal,
asked the king's act to be extended as his warrant.^ The treasurer was
thus left without redress ; and, by the allowance of the " noveltie," a door
was opened for future differences between him and the king.
These differences were not long of appearing. On 31st July 1601, the
king, alleging the daily increase of the burden of the treasurer's ofiice, and
his care that the casualties of the office should be profitably used, appointed
several persons to assist him. These were the Earl of Montrose, chancellor,
Alexander Setoun, president of the College of Justice, Sir James Elphinstone,
secretary. Sir George Home of Spott, Mr. Thomas Hamilton, lord advocate,
Sir David Murray, comptroller, and Sir Patrick Murray of Midganyis. The
treasurer was not to compone any signature or casualty concerning the
treasury without the consent of three of these componitors. Further, he was
to pass no signature of importance, such as gifts of wards, new infeftments,
escheats of earls, lords, barons, or their liferents, remissions or respites, till
the advice of the king and the chancellor were obtained. There were other
restrictions added to these. The king promised not to intromit with the
casualties of the treasury till ordinary burdens of the office were paid. The
rest were to be disposed of at his Majesty's pleasure.^
This new arrangement could not have been agreeable to Elphinstone,
who had so shortly before resented interference with the privileges of his
office. His resignation of the treasurership quickly followed. Spottiswoode
says he resigned " upon an offence, as was thought, he conceived for adjoin-
ing some others unto him in the composing of signatures."* Whatever
' Origiual letter, in Elphinstone charter-chest.
2 Register of the Privy Council, vol. vi. p. 212. 3 /6,v;. pp. 275-6.
* Spottiswoode'a History, vol. iii. p. 101.
DEBTS DUE BY THE TREASURY, 1601. 137
he felt, however, he did not resign on the ground stated by Spottiswoode,
but " frelie and voluntarlie ... at his Hienes speciall requeist and desyre."
His resignation took place on 22nd September 1601.^
The reasons which influenced the king to act thus with one of his
principal ministers of state can only be conjectured. The arrangements,
favourable to Elphinstone, upon which he retired from office, show that he
had not lost the royal favour. Other reasons must be sought for. At the
time of his demission, the sum of £41,000 was due to the treasurer for his
super-expenses, and there was ground to fear that when his accounts came to
be audited that amount would be found to be considerably augmented.
In addition to this large and increasing debt, there fell to be added the
super-expenses of Walter, Lord Blantyre, the previous treasurer, which
were not yet paid. The king's object then may have been that the
casualties of the office might be more profitably used — one of his reasons
for appointing assistant componitors. Another reason may have been a
desire to promote Sir G-eorge Home of Spott, master of the king's wardrobe,
who succeeded the Master of Elphinstone as treasurer, and who at the
time and ever afterwards enjoyed a very marked degree of the confidence
and favour of the king.
With a view to the repayment of the sums due to him, above mentioned,
as treasurer, his eldest son, Alexander Elphinstone, as assignee for his father,
received an assignation of the cunyie-house or mint till complete payment
of them should be made. The assignation carried with it power to remove
the officers of the mint and introduce others in their place, without pre-
judice of these officers, while this act lasted. la return for the assignation,
Alexander Elphinstone, younger, was to relieve the king of £5000 yearly,
the sum owing to the tacksmen of the mint. One of the provisions of the
assignation was that one third of the spurious coin recovered was to be given
to the treasurer, another third to his son, Alexander Elphinstone, younger,
' Register of the Privy Council, vol. vi. pp. 287-8.
VOL. I. S
138 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
and the remaining third to the informer. This assignation was renounced
by parties on 1st December 1601.^
The act of council embodying this assignation, which is dated 22nd
September 1601, was subscribed by the king, the chancellor, Alexander,
Master of Elphinstone, as treasurer, James Elphinstone, secretary, and
others.^ As " Thesaurarius " Elphinstone appears on the sederunt of the
meeting of council which passed this act, on the date mentioned. He also,
as has been pointed out, subscribed the act as treasurer. This is the last
occasion on which he acted as treasurer. In the next sederunt which appears
in the register of the council, which is on 29th September, or seven days
later, Elphinstone's name does not occur, and Sir George Home, although
apparently not yet formally appointed, appears as treasurer.
On the same day, and at the same meeting of council, Mr. Kobert
Young, as procurator for Alexander, Master of Elphinstone, presented for
registration an act of demission by the Master of his office of treasurer to
be disposed of as the king should think expedient. The demission was
subscribed at Dunfermline on 22 nd September, before the Earl of Mon-
trose, chancellor. Lord Fyvie, president. Sir James Elphinstone, secretary,
and other two witnesses.^ At the next meeting of council on 2nd October
1601, the appointment of Sir George Home of Spott, as treasurer, was
announced.^
Although the Master of Elphinstone was now retired from the treasurer-
ship, he still continued to be a privy councillor, and an extraordinary lord
of session. He received the latter appointment in consequence of his being
treasurer. But when he demitted that office at the king's request, his
Majesty declared that the demission should not be prejudicial to him in the
" brooking " of his office of one of the privy council, " and of his extraordinar
place in the sessioun." He was to " joyse the saidis ofificeis, haill honouris,
1 Register of the Privy Council, vol. vi. p. 287 ; also pp. 314-315
2 /ftirf. 3 ihid. p. 292. * Ibid. p. 294.
RE-SETTLEMENT OF THE ELPHINSTONE ESTATES, 1601. 139
liberteis, and privilegis and digniteis of the same," as freely as if he had not
made that demission.^
The Master of Elphinstone continued to attend the council after this,
although not with the same regularity. His designation now in the sederunts
being " Master of Elphingstoun " and soon after, upon his succession to the
peerage, it is " Elphingstoun."
Subsequent to the marriage of his daughter Annas to John, twelfth Earl
of Sutherland, the Master of Elphinstone was brought much in contact with
that earl, and afterwards with his son, the thirteenth Earl of Sutherland.
On 19th February 1601 he was procurator for the earl, his son-in-law, in the
council, in a question of precedence in parliament, which had arisen between
the Earls of Sutherland and Caithness.^ The good relations thus evinced
between the two families of Sutherland and Elphinstone will be still more
apparent in other references to them in a later page.
Since the year 1577, Alexander, Master of Elphinstone, had in his posses-
sion the whole Elphinstone estates, of which his father, Eobert, third Lord
Elphinstone, had divested himself in that year. In 1601 another arrangement
of the estates was made. They were again resigned in the hands of the king
on 24th March of that year, who, two days after, granted a charter conveying
the liferent of the barony of Elphinstone to Eobert, third Lord, and the fee of
it to the Master of Elphinstone and the heirs male of his body. This charter
also conveyed the lands and barony of Kildrummy to the Master of Elphin-
stone in frank tenement, and to Alexander his son in fee and heritage. It
also contained a new erection of the two baronies.*
In the autumn of 1601, on 13th September, or nine days before his
demission of the treasurership, the king granted to the Master of Elphinstone
and Sir John Bruce of Airth, his son-in-law, a licence to hawk and hunt in
1 Register of the Privy Council, vol. vi. 1162. Precept of aasiae under the testimony
p. 288. 2 xbid. p. 212. of the Great Seal, dated 26tb March 1601, in
5 Register of the Great Seal, vol, vi. No. Elphinstone charter-chest.
140 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1038.
any part of the kingdom they pleased. This ample licence is dated from
Falkland, and is subscribed by the king and his secretary.^
In the spring of the following year, fully six months after his demission
of the treasurership, the Master of Elphinstone is again mentioned by the
king, this time in a letter to the provost and bailies of Edinburgh. The
letter states that Patrick Mortymer in Inzeane had been put to the horn and
•denounced rebel, at the instance of Eobert Joussie. Commission had been
granted to certain persons to apprehend Mortymer. By virtue of that
commission the Master of Elphinstone, whom the king designs " our trustie
and veilbelouit counsalour," had " taine and apprehendit our said rebelL"
The king charged the provost and bailies to receive Mortymer within their
ward in the tolbooth of Edinburgh, and keep him there "in sure firmance,"
until he satisfied those having interest in the said lands. The king's letter
is dated Dudhope, 23rd April 1602, and is subscribed "James E."^
The Master of Elphinstone granted a lease, with consent of Lord
Elphinstone, his father, and Jane Livingstone, his spouse, to Thomas Drum-
mond of Corskaple, of the east half of the town and lands of Easter Fedallis,
Sillertounhill, and Meslingtoun, in the barony of Elphinstone and shire of
Stirling, for three years. Drummond was to pay to the abbot of Lindores
and his successors, fourteen pounds eight shillings for the feu maills of the
said half lands, and twenty merks and thirty-two bolls of meal to the Master
of Elphinstone. The lease is subscribed by the Master of Elphinstone and
Jean Livingstone. There is also the following subscription : — " Eobert, Lord
Elphinstoun, with my hand at the pen led be the notaris vnder written at
my command, because of my greait aige, seiknes and inhabilitie, I cannot
wreit myself."
' Licence in Elphinstone charter-chest. cated Papists. A commission had previously
2 Original letter, ibid. An order is given been given the Marquis for the same pur-
to the Marquis of Huntly, Lieutenant and pose [Register of the Privy Council, vol. vi.
Justice of the North, on 13th April 1602, to p. 366]
apprehend a Patrik Mortymer, servitor to ^ Lease, dated 10th May 1602, in Elphin-
the marquis, and others, as excommuni- stone charter-chest.
EELATIONSHIP OF THE SUTHERLANDS AND ELPHINSTONES. 141
Robert, third Lord Elphinstone, died eight days after making this
declaration, when Alexander, Master of Elphinstone, succeeded him in the
peerage and became fourth Lord Elphinstone, within a few days of his being
fifty years of age. On the day of his father's death, the 1 8th of May, he was
present at the meeting of the privy council held on that day at Holyrood-
house. In the sederunt of the meeting he is still called " Master of Elphing-
stoun." ^
RELATIONSHIP OF THE EARLS OF SUTHERLAND AND THE LORDS ELPHINSTONE,
FROM A.D. 1600.
The relationship which was formed between John, twelfth Earl of Suther-
land, and Alexander, fourth Lord Elphinstone, by the marriage of the earl
with Annas Elphinstone, the eldest daughter of his lordship, brought about
real, intimate, and long continued friendship between the Sutherland and
Elphinstone families. They corresponded together, exchanged visits, and
consulted one another on their respective family matters. After the death
of the earl on 11th September 1615, both Sir Eobert Gordon of Gordons-
town, tutor of Sutherland, the well-known author of " Genealogy of the Earls
of Sutherland," and John, thirteenth Earl of Sutherland, reposed every
confidence in Lord Elphinstone, and advised with him in all important
matters affecting the young earl and his extensive estates. This continued
to the close of Lord Elphinstone's life in 1638, after which the like relations
still subsisted between the two families. Several particulars will be stated
here to show the extent of these cordial relations, and also the deservedly
great influence which Lord Elphinstone exercised over his grandson, the
thirteenth Earl of Sutherland.
The procuratory given to Lord Elphinstone in the beginning of the year
1601, to maintain the precedence and ranking of the twelfth Earl of Suther-
land in parliament and council has already been mentioned. The earliest
• Register of the Privy Council, vol. vi. p. 378,
142 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
household book of Lord Elphinstone commences in June 1602. His lordship,
as shown in that book, visited the earl and his countess in August of that
year. Setting out from Elphinstone in Stirlingshire on 26th July, he
travelled by Brechin, and reached Eildrummy on the 28th. He remained at
Kildrummy till 2nd August, when he journeyed to Sutherland by Elgin,
Findrassie, and Inverness. From Kildrummy twelve men accompanied him.
At Elgin he and his son lodged with the Earl of Sutherland. In Elgin his
company was reduced from twelve to nine, and then to eight persons. When,
however, he left Findrassie it was further diminished to four persons.
When in Sutherland, Lord Elphinstone paid a visit to Lady Jane Gordon,
Dowager-Countess of Sutherland, and relict of James, Earl of Bothwell, where
he gave money to his son, the Master, to play at cards, and " drink siluer "
for the servants.
Lord Elphinstone left Sutherland on 17th August "towarttis hame."
On that date he gave certain sums in Golspietower in name of " drink siluer "
to the nurse, the steward, the cook, the women there, the porter, the baxter,
the " breuster " and lardner man there.^ Lord Elphinstone made a similar
visit to Sutherland in September of the following year.^
On another occasion, in 1613, Lord Elphinstone was one of four
arbiters to whom submission was made in questions pending between the
Earl of Sutherland and Hugh Mackay of Farr, regarding the marches
between Sutherland and Strathnaver. On that occasion the earl, his two
brothers, and his two nephews, Donald and John Mackay, accompanied by a
number of Sutherland gentlemen, visited Lord Elphinstone at Kildrummy
Castle, where an amicable settlement was arrived at.^
Several of the Earl of Sutherland's letters to Lord Elphinstone, his
father-in-law, are still preserved in the Elphinstone charter-chest. In
these letters the Earl addresses Lord Elphinstone as " My lord and loueing
' Household Book in Elphinstone charter-ehest. - Hi'd,
3 The Sutherland Book, vol. i. p. 18o,
CHARTER-CHESTS OF THE EARL OF SUTHERLAND. 143
father," and subscribes himself " Yoiiris lordschipis maist affectionat sone to
be commandit." The letters are addressed " To my gude lord and loueing
father, my lord Elphinistoun."
The charter muniments of the Earl of Sutherland, which had already
suffered some vicissitudes, upon the death of the twelfth Earl in 1615, for
the purpose of protection from the Earl of Caithness and the laird of Duffus,
or for some other reason, were removed to Kildrummy Castle to the custody
of Lord Elphinstone. They remained there under the care of his lordship
until the year 1628, at which time Lord Elphinstone appears to have still
had some connection with Kildrummy. At that time, or soon afterwards,
the Sutherland charter collections were removed to Elphinstone in Stirling-
shire. They continued to be kept at Elphinstone during the lifetime of
Lord Elphinstone, and were returned to Dunrobin about the period of his
death. Charters and papers were readily given to the tutor of Sutherland
upon his receipt from time to time as they were required.^
Lord Elphinstone took a warm interest in the education of his grandson,
John, the thirteenth Earl of Sutherland. Countess Annas at first proposed
to send the young earl to his lordship, but the Dowager Countess of Suther-
land overruled this. In a letter to the tutor of Sutherland from George
Gray of Swordale, the latter writes, "We heir say my Lord Elphinstoun
thinkis to bring him to him selff ; alvayis it is overschoone yit to wair great
expensis on his upbringing, for any learning he may be capabill off yit, he
may get the samen in Suthirland." ^ On 2nd September 1617, Lord Forbes
writes, " I heir my Lord Elphingstoune is nocht to cum north this vinter,
but is duelling in the place of Arthe, and to be this winter in Stirling." ^
In February 1618, Sir Robert Gordon had written to Lord Elphinstone for
his advice about the power of tacksmen to cut, sell or destroy the woods of
the land which they had on lease. In the letter in which he states this,
1 The Sutherland Book, vol. i. pp.xxxix, xl; 2 The Sutherland Book, vol. i. p. 211.
also vol. ii. pp. 120, 127, 1.S4, 135, 137, etc. ^ j^i^ vol. ii. p. 134.
144 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
he adds, " I lippen for my Lord Elphingstones comming north in March." ^
His lordship, however, did not go north then, for Sir Donald Mackay soon
after, writing to Sir Eobert Gordon, says, "My Lord Elphinstoune will
nocht meitt you in Mar, bott he hes send word to Corrall and to Thomas
Espline to delyver yow ony wrettis that you plais." ^
In 1626, Lord Elphinstone employed his influence to have his nephew,
a son of his sister, appointed as the earl's pedagogue. A year later, the earl
entered the college of St. Andrews; and, as showing the influence whicli
Lord Elphinstone had acquired over him, when his uncle. Sir Alexander
Gordon of Navidale, who was one of his curators, visited him at St. Andrews
and endeavoured to persuade him to go north, the earl refused to do so unless
Lord Elphinstone sent for him.^
When King James the Sixth, upon his succession to the English throne,
went to England, arriving in London on 7th May 1603, he left Queen Anne,
his consort, in Scotland. During his absence from Scotland the king com-
mitted his son. Prince Henry, to the care and custody of the Earl of Mar.
This arrangement was not satisfactory to the queen, who differed with the
earl about the custody of her son. She, on 7th May 1603, proceeded to
Stirling with a view to get the prince into her own keeping. She was, how-
ever, frustrated in her intention by Mar. The matter was soon amicably
settled by an act of privy council. But while the queen was in Stirling
with the intention referred to, Hamilton, Glencairn, Linlithgow, the Lord
Elphinstone, and the Master of Orkney, came to Stirling " weill accompanied
with their friends." They were refused admittance to the castle unless they
entered with no more than two followers each. The council meeting after-
wards in the castle directed that the four noblemen who had come to Stirling
to the queen were not to repair within ten miles of the prince.* Lord
> The Sutherland Book, vol. ii. pp. 134, 135. ^ /j;^ p 137
3 Ibid. vol. i. p. 216 ; vol. ii. p. 149. Dunbar's Social Life in Former Days, second
series, pp. 62, 63.
* Calderwood's History of the Kirk of Scotland, vol. vi. pp. 230, 231.
RECEIVES A LEASE OF THE FOREST OF TORWOOD. 145
Elphinstone remained at Stirling until the 19th of May, when he went to
Edinburgh.!
Lord Elphinstone was again in Stirling in the month of June on a visit
to the prince, evidently the infant Prince Charles, afterwards King Charles
the First, as Prince Henry left Edinburgh for England in charge of the queen
on 1st June.'-
In the year 1605, Lord Elphinstone's family were afflicted with the
pestilence. Mr. Robert Bruce, minister in Edinburgh, preached to his lord-
ship and Lady Elphinstone in the garden while they were so visited. Mr.
Bruce had in July been charged by the chancellor, who acted by instruction
from the king, not to preach till he was allowed to do so. The chancellor,
however, relaxed this order, desiring him to desist preaching merely for eight
or ten days. To this Bruce consented, but bitterly repented that he had
done so. His preaching to Lord and Lady Elphinstone in the circumstances
described was on the same week in which he had given his consent to desist
preaching, and was in prosecution of a resolution he had come to not to obey
such a commandment any more.^
About this time Lord Elphinstone received from the king a lease for five
years to himself, his heirs and assignees, of the wood and forest of Tor-
wood. In the letter of the king containing the grant of the lease, which is
superscribed by his Majesty and subscribed by Lord Fyvie, and other three of
the council, authority was given him to keep the forest, and pasture his cattle
in it. He was, however, not to have liberty to cut or destroy any part of the
growing trees, but to keep and "hayne" the ground of the forest for the increase
of the young growth. He was to pay for the lease to the king fifty carcases
of beef, together with one carcase in augmentation of the old rental yearly.*
' Household Book in Elphinstone charter- prince, but several leaves which had been
chest. written upon have been torn out of it.
^ Bruce's Sermons and Life, by Wodrow.
- Ibid. The Book may have contained Wodrow Edition, pp. 122, 123.
other entries relating to this visit to the •• Letter, in Elphinstone charter-chest.
VOL. I. T
ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
THE ELPHINSTONE AISLES AT AIRTH AND KILDRDMMY, ANTE 1593 AND 1G05.
The churchyard at Airth was chosen by the Elphinstone family as their
place of sepulchre. There they built an aisle known as the Elphinstone
aisle. When and by whom this building was erected is not ascertained. In
1593 a stone was built into the gable wall of the aisle. This stone bears a
shield of arms with the letters A.M.E. on the one side, and I.L.ME. on the
other, representing respectively Alexander, Master of Elphinstone, and his
wife, Jane Livingstone, Mistress of Elphinstone.
In or about the year 1605, Alexander, Lord Elphinstone, built an aisle at
Kildrummy as another place of sepulchre for the Elphinstone family. Already
several of his children had died and were buried at Kildrummy, probably
in the church or churchyard of the parish.^ It was proper that the owner
of such a princely estate and castle as Kildrummy should have a family
vault, where the interment of successive generations of his family might
take place.
The church of Kildrummy is almost a mile from the castle, which had
been the northern residence of the Elphinstone lords for nearly a century.
Adjoining the church, and within the churchyard, is the aisle erected by Lord
Elphinstone, a collotype representation of which is here given. There is a
window placed immediately above the door of equal breadth with it, and
in height about two-thirds its own breadth. On the upper lintel of this
window is the following inscription in raised letters :—
" Yis yle vas built be A. E. in
160[.5] yeirs. Lord Bliss us."
The last figure of the date in the inscription is worn away. But a stone
close to the west of the door perhaps furnishes a clue to the missing
' A church and churchyard once e.xisted at the north-east side of the close of Kildrummy
Castle, but there is no evidence that they were used by the Elphinstones.
THE ELPHINSTONE AISLE AT KILDRUMMY. 147
figure. On this stone, in antiquated figures, the date 1605 is incised,
probably before the final figure in the inscription was effaced. The corbel
on the east side of the aisle bears on it, in similar raised letters, the initials
I. L., and below them A. E. The corbel on the west side has the same
raised initials, and in the same juxtaposition, with the exception of the
letter I. before L., which in this case is wanting, and has probably been worn
away. These initials represent respectively the names of Lord and Lady
Elphinstone — Alexander Elphinstone and Jane Livingstone.
During the twenty-one years in which the Elphinstone family resided at,
and were the proprietors of, Kildrummy, subsequent to the erection of the
Kildrummy aisle, several interments of members of the family were made in
it. Monumental stones were erected within the aisle to commemorate these
and other children of Lord Elphinstone whose death was prior to the erection
of the aisle, and who were buried at Kildrummy.
One of these stones, a collotype picture of which is here given, is to
the memory of William, Patrick, and David Elphinstone, the third, fourth,
and fifth sons respectively of Lord Elphinstone. The following is the
inscription around the border of the stone : — " Villiam, Patrik, and David
Elphinstovns, [sones of Alejxander, Lord Elphinstovn." Immediately under
the circumscription at the top of the stone are the Elphinstone armorial
bearings. The lower part of the stone contains three effigies. Each has
the initials of his name over his head, viz., "V. E., P. E., D. E." The
effigy of David is the smallest of the three.
Another monumental stone in the Elphinstone aisle at Kildrummy was
erected to Lues Elphinstone of Bothkennar. His death by drowning on
SLst May 1616 is related in the notice of him in a subsequent page. The
upper half of the stone contains the heraldic bearings of the Elphinstone
family. The crest is a lady, holding a castle in her left hand, with a scroll
above her head, containing the motto " Cavs Cavsit." Around the border of
the stone, and on the lower half of it, is the inscription, "Heir lyis ane
148 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
wor[thi]e g[entle]man Master Lo[uis] Elphin[s]t[ovn, sone of] Alexander Lord
Elphinsto[vn], qvlia departit fra yis [li]fe ye last of Mai . . ."
Other two monumental stones in Kildrummy aisle remain to be described.
One of these, a collotype of which is also here given, is erected to Thomas
Esplein, who resided at Newbigging, near Kildrummy, and was chamberlain
to Lord Elphinstone. He entered his lordship's service in 1580, at the age
of fourteen years, and continued with him for fifty or fifty-six years, until
his death in 1630 or 1636. He was a faithful servant of the family.
Thomas Esplein and Alexander Lynton, who was the trusted "servitour"
of the fourth Lord, and of his son Lord Kildrummy, appear to have been
related by marriage, as the former in his letters to the latter calls him his
" louifQng brother." Esplein obtained leases of Newbigging and other lands
from Lord Elphinstone. In the agreement with Lord Mar in 1626 these leases
are excepted from the warrandice by Lord Elphinstone, showing that in giving
up Kildrummy he did not overlook the interests of his faithful servants.
The inscription on his tombstone is as follows : —
"... Befor yis lyis Thomas Esplin, qvha enterit in service vith Alexander Lord
Elphenstovne in to ye zeir of God 1580 zeirs. He being of ye aig of fovrteine
zeirs, and remenit in his lordschep's service gr[ev]e in Keildieme [to] ye zeir of God . . .
30 zeirs." ^
The last stone to be noticed is a slab or table stone, to the memory of
Janet Forbes, the wife of Thomas Esplein, whose services are recorded on the
floor of the aisle. The inscription is in the following terms : —
" Heir lyis ane honost vertuis voman, Janet Forbes, spouse to Thomas Esplein in
Nev Biging, quha depairted this lyfe the zeir of God - . Blist ar thay yat dies
in the Lord. They rest from thair labours and thar warks folov them. This veyghte
ston doth her contian, earth grytest los, heavins grytest gain. Hir glas is run, hir
tym vas Vortie spendet. Hir fame stil leaves, tho yat hir days be endet."
1 The " 30 " is uncertain, the " 0 " may be a •' 0."
" A blank is here left ou the stone for the date, which appears never to have been inserted.
PASS TO VISIT THE COURT IN ENGLAND, 1608. 149
The Elphinstone aisle at Kildrummy was restored in 1862, when a tablet
was inserted in the upper niche above the door of the aisle, and immediately
above the inscription as to the building of the aisle already described. On
a shield on this tablet is the inscription, "Eestored by William, 15th Lord
Elphinstone, 1862."
TRIAL OF MINISTERS AT ABERDEEN ASSEMBLY, 1607 : PASS TO ENGLAND, 1608.
In 1606 Lord Elphinstone acted as an assessor at the trial of the ministers
concerned in the Aberdeen Assembly.^ In terms of a royal letter and a
ratification of it by the council imposing the oath of allegiance and acknow-
ledgment of the royal supremacy on Scotsmen in civil or ecclesiastical office,
Lord Elphinstone, in company with the Marquis of Huntly, the Earl of Mar,
and the commendator of St. Colme, gave his oath of allegiance at Edinburgh
on 23rd June 1607.2
In the autumn of 1608 his lordship had occasion to go to court in
England. He received a pass for this purpose from the Earl of Dunfermline,
the chancellor, giving him every facility for travelling. This pass was
followed by another one a fortnight later, this time granted by the Earl of
Dunbar, at Whitehall, instructing the mayors, sheriffs, etc., to furnish his
lordship with all diligence with five good and sufficient post-horses and a
guide from stage to stage.^
Lord Elphinstone, along with Sir Eobert Melvill and two others, in
December 1609, was removed from being an extraordinary lord of session,
but with two others was restored the next month.* Lord Elphinstone
' Calderwood's Historie, Wodrow Edition, chest. In the Register of the Privy Council
vol. vi. p. .3SS. (vol. viii. p. 1S5) is the follo-n-ing entry,
2 Register of the Privy Council, vol. vii. " Licence to the Lord Elphinstone to go to
p. 395. court."
5 Passports, dated 27th October and 9th * Calderwood's History, vol. vii. pp. 53,
November 1G08, in Elphinstone charter- 54,
150 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
appears to have continued to hold a place on the bench till 1626, -when his
name is omitted in a new commission then granted.^
HOUSEHOLD BOOKS.
The Elphinstone family household and other books have already been
mentioned, and excerpts given from them in the pages of this memoir. A
more particular notice of them, however, will be proper, so far at least as
they relate to Alexander, fourth Lord Elphinstone, or come within the scope
of his memoir. These books commence at the time of his lordship's succession
to his father, Eobert, third Lord Elphinstone, in the Elphinstone peerage,
and he appears to have been the first of the family to keep such books.
Those preserved among the Elphinstone muniments embraced in the period
of his lordship's life are nine in number. They include account books and
coal books, etc. ; and some of them relate to Alexander, Master of Elphin-
stone, afterwards fifth Lord Elphinstone, and are made use of in his memoir.
The nine books, varying considerably in size and thickness, range under the
following dates:— 1602-1604; 1606-1607 and 1622-1626; 1610-1613, the
expenses of the fifth Lord at Eossie; 1613-1614, small accounts; 1614,
maills of Kildrummy ; 1614-1616, the chamberlain of Kildrummy's accounts ;
1616-1619, Lues Somerville's accounts; 1616-1621, coal book; and 1629-
1633, Lord Elphinstone's accounts; and the last book of the period,
1635-1641.
Lord Elphinstone, like the twelfth Earl of Sutherland, his son-in-law,
and some other noblemen of his day, was privileged with a residence in the
abbey of Holyroodhouse. When the family first obtained a residence there
is uncertain, but his lordship enjoyed the privilege when he became fourth
Lord Elphinstone in 1602, and continued to do so to the close of his life.
One of the conditions of occupancy appears to have been the keeping in good
• Senators of the College of Justice, p. 242.
REPAIRS ON HOLYROOD PALACE, 1617. 151
repair the portion of the building in which he dwelt, and there are many
entries in the household books relating to repairs of his part of the abbey in
1604, and especially in 1617.
The repairs executed in 1 6 1 7 were undertaken by Lord Elphiustone in anti-
cipation of and preparation for the visit of King James the Sixth to Scotland,
which took place in May of that year.i The king had been absent from Scot-
land for fourteen years, and extensive and elaborate preparations were every-
where being made for this visit. The king estimated that his retinue on the
occasion would extend to about five thousand persons, and there was difficulty
in finding accommodation in Edinburgh for so many persons. His Majesty
communicated his desire to have the use of Lord Elphinstone's house at
Holyrood for some of his train. His lordship, while desiring a part of his
house there to be reserved to himself to enable him to attend upon the king,
readily and loyally offered to entertain any of the king's train as his guests.
The offer of Lord Elphinstone was made at a meeting of the privy council
held at Edinburgh on 27th February 1617. The Eegister of Privy
Council proceeds : —
" The quhilk day Alexander, Lord Elphinstouu, compeirit personalie befoir the
counsaill, and he being desirit, according to liis Majesteis missive letter direct to the
Lordis of Secreit Counsaill, that his Blajestie might haif the use of his house at Hali-
ruidhous for the more commodious ludgeing of some of his Majesteis tryne during his
]\I;ijesteis aboade at Haliruidhous, the said lord declairit that not oulie that house bot
all his otheris housis sould be at his Majesteis commandment, and that he had a pur-
pnis him self}" to attend his Majestie at Haliruidhous, and, yf it might stand with his
Majesteis pleasour that a pairt of this house [be] reservit to him selff, he wald verie
willinglie ... the same suche of his Majesteis tryne as his Majestie suld injoyne
. . . , and that he sould mak thame the best interteynment he could. Quhilk being
hard and considderit be the lordis, they ordanit the Secretair to mak his Majestie
acquentit thairwith." -
1 Other considerable repairs on the palace and chapel of Holyrood were executed at
the king's charges simultaneous with those made by Lord Eli>hinatone, and for the same
reason.
'^ Register of the Privy Council, vol. xi. pp. 52, 63.
152 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
Eeturning to the household books of Lord Elphinstone, they contain
numerous entries of payments for carrying barrels of ale to the abbey, which
show that this beverage was largely used at this period. The ale used by his
lordship was brewed at Elphinstone by his own cook; it was from thence
conveyed to Leith by boat, and from there it was brought to Holy rood.
Coal, malt, and meal for Lord Elphinstone's house at the abbey of Holyrood
were brought from Airth, and by the same means of transit.
His lordship frequently remained for a night or longer at Linlithgow
Palace. On 29th August 1603, on one of those occasions, having arrived
from Edinburgh, he stayed the night in the palace, when mention is made of
suppers and beds for five gentlemen there. He afterwards took journey from
Elphinstone to Kildrummy and Sutherland. Travelling from thence south
to Edinburgh, he, on 24th November, rode from there to the council at
Stirling, accompanied with twenty-four horse. On 8th December, Lord
Elphinstone was still at Stirling, "at the counsaill," and on the 9th he is
entered in the household book as receiving forty shilling " to play at the
cairttis." The same day the Master of Elphinstone received twenty-six
shillings and eight pence " to play att the cairttis with your lordschip, the
secretar, and advocatt."
Lord Elphinstone was an occasional visitor of his brother. Secretary
Elphinstone, at his residence at Barnton, near Edinburgh. When there he
attended the parish church at Cramond. At the end of. June or the beginning
of July 1602, his lordship and his men of law were in the secretary's house
drinking a pint of wine. Many years after, in September 1617, another visit
to Barnton was in part devoted to playing cards, this time with more money
to lose than on the occasion at Stirling just mentioned.
Mention is made in the household books of the Elphinstone family of
books purchased by Lord Elphinstone from time to time. One of these,
which he bought on 13th November 1616, is described as " ane litell buik "
" callit Poletick Morall and Civell Discoursses." Another procured at the
EVICTION FROM KILDRUMMY, 1626. 153
same time is " callit the Kiugis Speitches in the Star Chalmer." A third,
bought in the following January is " A bulk of the couversioun of a Eoman
bischop."
A " haiknay " carriage was purchased for Lady Elphinstone in December
1602, the price of which was one hundred and eighty-six pounds. Lord
Elphinstone had repairs made upon his "gown of blak figurit velwat,"
probably his robe as a lord of parliament, on 7th April 1604. In April
1618, he had a drawing made of his own and Lady Elphinstone's armorial
bearings and coloured. There are constantly recurring entries as to money
given to the church " brod," and also as to money given to the poor. Other
payments include sums of money given to " My Lord Athollis f uill," and
on other occasions the entry occurs when making visits, " to ane foull thair."
There are likewise payments made occasionally to "James Eeid, clarster"
and to " ane Irland clarster."
EVICTION FROM KILDKUMMY, 1626.
Alexander, fourth Lord Elphinstone, who had been so fortunate as to
become one of the highest ministers of the crown, was unfortunate in having
to part with the lands, barony, and castle of Kildrummy, which formed the
most important, valuable, and historical portion of the Elphinstone estates.
Kildrummy had now been in the possession of the Elphinstone family since
the time of Alexander, first Lord Elphinstone, and inherited by direct lineal
succession from father to son. That lord, on 19th July 1508, received the
dominical lands of Kildrummy, the New, and other lands enumerated in his
Memoir, from King James the Fourth and Queen Margaret, as dowry with
Elizabeth Barlow, Lady Elphinstone, his wife. He at the same time received
the custody of the castle of Kildrummy, and the gift of the chaplainry of
Den. The lands and castle so acquired formed a part of the ancient and
extensive earldom of Mar in the shire of Aberdeen.
VOL. I. V
154 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
Alexander, first Lord Elphinstone, had already, the year before, or in 1507,
received from the same royal benefactors another part of that earldom,
the lands and barony of Inveraochty. These were in 1513, along with
Kildrummy, incorporated into one barony called the barony of Kildrummy,
with the castle of Kildrummy as the principal messuage.
This large and important barony, which added much to their position and
influence, continued to be owned by the family of Elphinstone until the year
1626, a period of at least one hundred and eighteen years. In that year,
however, by an agreement shortly to be described, then entered into, it
passed from the possession of the Elphinstone to that of the Mar family.
Prior to the territorial earldom of Mar being granted by Queen Mary, in
1565, to John, Lord Erskine, who was created the first Erskine Earl of Mar,
grants of lands within the earldom had been made to different persons,
including Alexander Elphinstone, afterwards first Lord Elphinstone, as above
stated. No objection was then taken by Eobert, third Lord Elphinstone, who
was himself an Erskine, by his mother, Catherine Erskine, to the grant made
to Lord Erskine, and no difference then arose between the two families
about the Kildrummy portion of the earldom of Mar owned by Lord
Elphinstone.
Previous sovereigns, indeed from King James the First down to Queen
Mary, held and treated the old territorial earldom of Mar as their own heritable
property. Several younger members of the royal house of Stuart were
created Earls of Mar all unchallenged. Even the illegitimate Eegent
Murray was previously created Earl of Mar by his sister Queen Mary. But,
in the parliament of King James the Sixth, held at Edinburgh on 29 th
July 1587, at which the king himself was present, taking advantage of his
high position, and personal friendship of his royal school-fellow, John,
second Erskine Earl of Mar, succeeded in obtaining an act of parliament
giving him right to the whole lands of Mar and Garioch wherein Isabella
Douglas, Countess of Mar, had died possessed, notwithstanding any exception
THE EARLDOM OF MAR. 155
of prescription or lack of possession which might be alleged against him.
This act was declared to be withotit prejudice of all other lawful defences
competent to those having interest.^
The act of parliament was followed on the same' day by protests lodged
by those who owned parts of the earldom of Mar, and who considered their
right to these parts to be now in danger. The laird of Pettarro, and the Earl
of Huntly and his friends, each lodged protests.^ Mr. James Elphinstone of
Invernochty also protested on behalf of Eobert, third Lord Elphinstone, his
father, that the act should be no prejudice to his lordship's right and title of
the lands and lordship of Kildrummy. He also protested that Lord
Elphinstone should be heard in his own defence when called upon.* There
is, however, nothing to show that Lord Elphinstone was ever heard upon the
subject of his protest.
On 20th March 1588-9, the Earl of Mar, following up the advantage
which the act of parliament of 1587 gave him, expede a service in his own
favour as nearest lawful heir in general of Isabella Douglas, Countess of
Mar.* He also obtained a charter from King James the Sixth, dated 3rd
February 1620, of the earldom of Mar and lordship of Garioch,^ of which
earldom the lands, lordship, and castle of Kildrummy formed an impor-
tant part.^
Until the year 1624, however, there does not appear to have been any
1 Acts of the Parliaments of Scotland, vol. stone made visits to AUoa during these
iii. pp. 475, 476. Mar Peerage Minutes of years, and Lord Mar made return visits to
Evidence, 1870, pp. 436-438. Lord Elphinstone. There were also other
2 Acts of the Parliaments of Scotland, vol. interchanges of a friendly character between
iii. pp. 476, 477. them. Thus, on 30th October 1616, Lady
' Tbid.p.in. MarPeerageMinutesof Evid- Elphinstone stayed a night at Alloa, when
ence, 1868, pp. 75, 138. * Ibid. 1870, p. 520. payment was made of x lib. to "my lordis of
^ Jhid. 1868, p. 153. Maris Maister Household, to pairt amang the
^ Prior to the year 1620, or at least in the servandis." The Elphinstone household books,
years 1616, 1617, and 1618, friendly relations which inform us of this visit, record other
subsisted between the two families of Mar visits to Alloa. In March 1017, a payment
and Elphinstone. Lord and Lady Elphin- was made to "Robert MacCapie, the cuik,
156 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
formal claim to Kildrummy by the Earl of Mar. In that year he brought
an action of reduction against Lord Elphinstone, Alexander, Lord Kildrummy,
the Master of Elphinstone, his son, and Dame Elizabeth Drummond, his
spouse. It was sought by this action to have Lord Elphinstone's right to
Kildrummy reduced and annulled, and the barony shown to belong to the
Earl of Mar.
Lord Elphinstone and his son. Lord Kildrummy, determined to dispute
the sweeping claim of Lord Mar. In a letter to the Marquis of Hamilton
they complained that their opponent was actuated in the matter by malice
against them, and they engaged to defray any expense which the ]\Iarquis
should incur in defending their rights. Eminent counsel at the Scottish bar
were employed in pleading the respective cases of both parties to the action.
Preliminary questions were discussed and decided before the merits of the
question were finally reached ; and it was not till the year 1626 that the
lords of session decided the case in favour of the Earl of Mar. The practical
effect of the judgment of the court of session was that King James the
Fourth inherited no lawful right of property in the lands, lordship, and
castle of Kildrummy, and therefore could not legally bestow these subjects
upon Alexander, first Lord Elphinstone.
Confronted with such a formidable opponent as John, Earl of Mar, and a
judgment of the court of session in his favour, it became manifestly the best
policy of Lord Elphinstone and his son Lord Kildrummy to effect an amicable
settlement with Lord Mar.
Such an arrangement was ultimately made between the families of Mar
and Elphinstone by a formal agreement entered into by them for the purpose
of transferring the right and possession of the lands and barony of Kil-
f or dressing your lordscbipis super, quhen the stone "fra my lady Mar." There is also
Earll of Mar was with your lordschip." After evidence of visits made to Alloa in April
this, Lady Elphinstone got the loan of Lord and August 1618, in the one case by Lord
Mar's coach " to ryd to the toun," and again, Elphinstone, and in the other by Lady
"wenisouu" was brought to Lord Elphiu- Elphinstone.
AGREEMENT WITH JOHN, EARL OF MAR, 1626, 157
drummy from Lord Elphinstone and his son Lord Kildrummy to the Earl of
Mar and his son Lord Erskine.
After such a lengthened possession of the barony of Kildrummy by four
Lords Elphinstone successively, from the time of King James the Fourth, till
the decreet of the lords of session in 1626, in the reign of King Charles the
First, being a period of a hundred and twenty years, it was unexampled for
any loyal subject to be thus stripped of his property.
It must have been with a bitter pang that the now aged Lord
Elphinstone, and his distinguished son. Lord Kildrummy, surrendered
a barony which had so many associations connected with their family.
The outstanding monument of the Elphinstones at Kildrummy, the
aisle built by the fourth Lord and Lady Elphinstone in 1605 as an
addition to the parish church and as a family final resting-place, in which
several of their children and friends were interred, made the very dust
of the place dear to the pious founders, who invoked the Divine blessing
on that foundation.
But for the sake of peace and the avoidance of future strife with their
Erskine relatives, the litigants deemed it prudent to make the surrender of
Kildrummy. The spirit in which this mutual arrangement was effected
is set forth in the preamble of the formal deed of arrangement in the
following terms : —
"John, eiie of Mar, and John, Lord Erskene, his sone, remembering the strait
band of blood and consanguinitie standing betuixt thame and the said Alexander, Lord
Elphinstoun and his said sone, they being laitlie come and discendit of the said hous
of Mar, and in respect thairof and for obtening possessioun of the saidis landis and
barronie without pley and questioun, and to the effect they may bruik the sanien with
the gudewill, benevolence, blissing and benedictioun of the saidis Alexander, Lord
Elphinstoun, and Alexander, Maister of Elphinstoun ; thairfoir the said John, erle of Mar,
wes maist willing to gif some ressonabill satisfactioun to the saidis Alexander, Lord
Elphinstoun, and Alexander, Maister of Elphinstoun, for tliair kyndnes, gudewill, and
possessioun of the saidis landis and barronie of Kildromie, and to gif to thame the
158 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
worth of the rightes and patronages of the saidis kirkes . . . and also the worthe of
the takis of the saidis teyndis and worth of the saidis conqueist landis." ^
Arbiters were mutually named by the respective parties. In implement-
ing the decision of the arbiters, Lord Mar paid Lord Elphinstone 48,000
merks Scots to obtain peaceable possession of the whole subjects in dispute.
Lord Elphinstone and his son obliged themselves to remove from the lands
and barony of Kildrummy, and from the castles of Kildrummy and Corgarff,
and to deliver the keys of the same to Lord Mar.^
Under this mutual arrangement the Earl of Mar obtained the barony and
castle of Kildrummy. He and his descendants continued in the possession
of these until 1715, when John, Earl of Mar, unfurled the standard of
rebellion on "the Braes of Mar," and also fulminated a manifesto against
the reigning sovereign, King George the First, in favour of the prince whom
he wished to make King James the Eighth of Scotland. To awaken
sympathy in the Highlanders, that manifesto was dated from the old castle
of Kildrummy. Thus, by an act of rebellion, the Earl of Mar forfeited his
extensive earldom of Mar, including Kildrummy, after having possessed it
for fewer years than the latter was held by his rivals the Elphinstones.
It was not till the year 1824 that the title of Earl of Mar was restored
to a descendant of the forfeited earl. But the territorial earldom of Mar
was never restored, and passed into the hands of strangers by purchase.
RETOURS OF SERVICE OF THE FOURTH LORD IN 1619 AND 1629:
PARLIAMENTARY APPOINTMENTS, ETC., AND HIS DEATH, IN 1638.
In the reign of King Charles the First, several Scottish noblemen and
bavous of ancient lineage expede retours of general service to remote
ancestors. On 4th November 1629, Alexander, fourth Lord Elphinstone,
followed the fashion of the times in that respect, by expeding a general
1 Mar Peerage Minutes of Evidence, 1868, p. 183. ^ jn^i pp_ 1S3-196,
RETOURS OF SERVICE OF THE FOURTH LORD. 159
service to Sir John Elphinstone of that ilk, abavus, great-great-grandfather of
Alexander, then Lord Elphinstone, as nearest and lawful heir to the said
deceased John, Lord of Elphinstone.^
On the same date, 4th November 1629, Lord Elphinstone expede a general
service as nearest and lawful heir of Lord Elphinstone, his proavus.^
Also on 4th November 1629, Alexander, fourth Lord Elphinstone, expede
a service to the deceased Alexander, second Lord Elphinstone, his avus,
grandfather, as his nearest and lawful heir.^
Previously, on 19th January 1619, Alexander, fourth Lord Elphinstone,
expede a special service to Eobert, third Lord Elphinstone, his father, in the
lands of Airthbeg, now called Elphinstone, in the barony of Polmaise-
Cunninghame by annexation, and within the shire of Stirling. The retour
bears that Eobert, the third Lord Elphinstone, father of the fourth Lord, died
in the month of May 1602, and that the lands had been in non-entry since
for seventeen years.
Lord Elphinstone, although never taking a very active part in public
affairs in the country after retiring from the treasurership, held several
appointments, and attended in parliament on different occasions. He was
commissioner for holding parliament in 1600, as already mentioned. He also
held a similar appointment in the years 1604 and 1606. He was iu 1604 a
commissioner to treat for a union of Scotland with England. He was a
lord of the articles 1604 and 1607; a commissioner for planting kirks in
1617 ; and on a parliamentary committee in 1622. He also attended par-
liament, besides the years already mentioned, in the years 1617, 1621, and
1625.5 On 14th June 1633 he gave a procuratory to his cousin, John, Lord
Balmerinoch, to represent him and to act and vote for him in parliament.
In the procuratory addressed to King Charles, Lord Elphinstone calls
' Extract retour of general service in Elphiustone charter-cbest. - Ibiil.
3 Extract retour, ibii/. * Original retour, ibid.
* Acts of the Parliaments of Scotland, passim.
160 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
himself the king's humble and obedient subject, and relates that being
eighty-one years of age and over, and weak and unable through age to
compear in the parliament then to be held at Edinburgh, for due obedience
he appoints the procurator mentioned. The sederunt of this 1633 parliament
contains the words " Elphingstoun be Balmerinoch his procurator." ^ Balfour
in his Annals mentions Lord Elphinstone as present at the riding of this
parliament as well as Lord Balmerinoch.^ But this may be a mistake. In
1632 Lord Elphinstone contributed a hundred merks towards the building
of a library within the college of Glasgow, furnishing it with books, and
otherwise enlarging the fabric of the college.^
Lord Elphinstone died in the year 1638. The family Birthday Book
records the event in the following words, "And this Lord died in Elphinstoun,
on Sonday the 14 Januare 1638."* In the inventory of his effects taken
at the Place of Elphinstone, and dated 16th February 1638, and in his testa-
ment-dative, given up by Colonel William Baillie, as creditor, and confirmed
on 7th March 1638, his effects are given. These amount to very little.
They consist of his clothes, including " ane blak satyne clok richlie wrocht
all throw withtout witht blak silk pasmentis, and lyned within with blak
satine," and other garments, some of which are " richelie wrocht our." His
effects also embrace " ane grite myrrour glass ; ane brasin knok to stand
on ane table; ane Bybell of the new translatioun witht the Psalmes in
meter; the first tombe or volume of the Paraphrases of Erasmus on
the New Testament ; Parkanes Wark, the first volume ; Mr. Smythe's
Sermones ; Dauidis Prayers, wretin by Harwode ; the Practise of Pietie ;
the Gyde to Trew Blissidnes," and other three books. Among the few
remaining articles enumerated may be mentioned " the said vmquhile
' Acts of the Parliaments of Scotland, ^ Muuimenta Universitatis Glasguensis,
vol. i. p. 95 ; vol. v. p. S. Extract proeuratory, vol. iii. p. 468.
dated Elphinstone, 14th June 1633. ■■ Birthday Book, in Elphinstone charter-
- B;ilfour's Aiuiales, vol. iv. p. 361. cliest.
PORTRAIT OF THE FOURTH LORD, 1626. 161
noble lordis gold signet and regune, witht his armes cutt and sett in
stane within the same." ^
From this enumeration of his effects it will be seen that Lord Elphinstone
is an example of the honesty and poverty of a lord treasurer of Scotland
who did not enrich himself with the spoils of office, the country, upon his
retirement in 1601, being indebted to him in the large sum of £41,000.
There is a full-length portrait in oil of Alexander, fourth Lord Elphin-
stone, preserved at Carberry Tower, in the possession of the present Lord
Elphinstoae. It bears to have been painted in 1626, the year in which his
lordship surrendered Kildrummy. At the top of the painting on the dexter
and sinister sides respectively of the head, is the following inscription : —
L
.^TATIS SVJE •74- A E
OCT . 1626- NATVS ■ 28 MAII • 1552-
VXOKEM . DVXIT • 29 MAII • 1575.
The painting shows Lord Elphinstone to have been, at the time the picture
was taken, a tall, conspicuous, and commanding figure, with high forehead,
small penetrating eyes, and a white flowing beard. His left hand rests on
a table, close to a book with clasps, in an upright position. Other books
lie on another part of the table. His lordship has upon him long figured
dark-coloured robes, apparently robes of office. He holds in his right hand
a long slender rod.
Lord Elphinstone was predeceased by his wife, Jane Livingstone, Lady
Elphinstone. She died at Elphinstone on 15th September 1621.^
^Vhile the Elphinstone charter-chest is so fully stocked with epistolary
correspondence in the time of the fourth and fifth Lords, it is remarkable tliat
the heroine of nineteen children, and the mother of the good fifth Lord, should
' Teatament-dative, and Inventory of the Ninth Report of the Commissioners on
personal effects of Alexander, fourth Lord Historical Manuscripts, Part ii. p. 194.
Elphinstone, in Elphinstone charter-chest. ^ Birthday Book in Elphinstone cliarter-
The Inventory is printed at length in the chest.
VOL. 1. X
162
ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
only be represented by the following single short letter, addressed by her
from Elphinstone on 1st March 1618, to Alexander Lyutoun : —
" Tkaist Freind, Ye sail aduerteis me quhat ye half done with the Lady
Brughtouu anent that siluer quhilk lyis vnprofitabillie in hir handis. I wald haif yow
to go to hir and sie gif she will pay the anvelrent plesandlie, seing sche kenis now
that we sould haif it ; and gif sche will not, I wald haif yow to rais lettrez vpoun the
decreit, and chairge hir. So to your awin discretioun, and ansuer with the beirar, I
rest, your gude freind at pouer,
J
/?i^c^
f^Aft^Mf-y ^ ' ^^^\
CHILDREN OF THE FOURTH LORD. 1G3
Alexander, fourth Lord Elphiustone, by his marriage with the Honourable
Jane Livingstone, had fourteen sons and five daughters.
1. Alexander Elphiustone, afterwards fifth Lord Elphinstone, of whom a memoir
follows.
2. Mr. James Elphinstone of Barnis " wes borne in Kildroraie the 20 of November
1580." His father's Household Book shows that he visited Rome in 1603.
He returned home before the close of 1605, as on 16th December of that
year he obtained from John Bisset of Quarrell a charter of Chirriemurelands
in Stirlingshire.! Mr. James Elphinstoue owned the lands of Quarrell in
Stirlingshire, and took his territorial designation from them. On 3rtl July
1610, in a charter which he witnessed, he is designated " M. Jacobo
Elplunstoun de Querrell." '^
He married Katherine Gordon, daughter of James Gordon of Lesmoir. By
his marriage contract his father aiul his elder brother iufefted him and his
spouse, in Baluaboith, Croftmorail and other lands in Kildrummy. In
terms of a backbond, given on 1 8th November 1 6 1 3, he restored these lands,
which were granted only to farther the marriage.^ By a new arrangement,
he received a charter of the same lands in feu, heritably, conform to the
conditions therein stated. The renunciation reciting these arrangements,
in which he calls himself Mr. James Elphinstone of Quarrell, is dated at
Elphinstone 27th April, and registered at Edinburgh 27th May 1619.^
He acquired Ardhuncher, Brigend of Blossat, and other lands in the barony
of Kildrummy, by contract with John Elphinstone of Creicliie, in which he
is designated " the richt honourabill James Elphinstoun of Barnes." ^
On 27th October 1619 he resigned Quarrell and Easter Skaithmure, in
Stirlingshire, in favour of Lord Elphinstone.^ His new designation of Baruis
he took from lands in the parish of Migvy and Tar land, in Aberdeenshire.
The laird of Barnis became tutor to his nephews, James and Alexander
Elphinstone, on the death of their father, John Elphiustone of Warthdl.^
His first wife having died, he married, secondly, Helen Forbes, daughter of
the Laird of Brux. On 15th September 1625, he and Helen Forbes, his
■ Charter of confirmation, dated 22nd * Extract registered renunciation, ibid.
February 1627, in Elphinstone charter-chest, * Contract, dated Aberdeen, 21st May
also Register of Great Seal, vol. viii. No. 1619, ?6i(/.
1034. 6 Inventory of Elphinstone writs, ibid.
2 Register of Great Seal, vol. vii. No. S14. ' Service of tutory, 13th February 1622.
3 Copy boud in Elphinstone cbarter-cbest. and relative writs, ibid.
i ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
spouse, received a charter from John, Earl of Blar, and John, Lord Erskine,
his son, of the lands of Balnaboith, Blewmylne, and others.^
In the beginning of 1628, his health giving way, he made a settlement
of his affairs. On Hth April he gave up his testament at Kiklrummy.
His death took place between that date, when he describes himself as " seik
and walk in bodie," and 6th May following, when, in an inventory of his
plenishing, he is called "vmquhill Mr. James Elpliinstoun of Barnis."^
In his testament he ordained his body to be buried in the aisle of
Kildrummy, and nominated Michael Elphinstone, his brother, and Thomas
Esplein of Newbigging, his executors. The former of these he also nominated
tutor to his son and two daughters. Both were to make count and reckon-
ing to Lord Elphinstone, the Master of Elphinstone, and other three. He
made provision for his children and others. He left to Lord Mar and his
son, Lord Erskine, a furnished chamber ; for keeping of the place of Kil-
drummy "twentie speiris, sex double muscattis, sex yione gwnes, with my
knok " ; and to the Master of Elphinstone, a white horse. He had seven
guns of his brother's son, some of them with friends, some in the hall, two
jacks, one secret, a pair of plate sleeves and a steel bonnet.^ By his first
inarriage he had one daughter. By his second marriage he had one son,
Alexander Elphinstone, and a daughter. Hi.s two daughters were Jean
and Anna Elphinstone.*
Alexander Elphinstone of Barnis, his son and successor, married, in 1645,
his cousin, Lilias Elphinstone, the only surviving daughter of Alexander,
fifth Lord Elphinstone, and became sixth Lord Elphinstone. Their issue
carried on the main line of Lords Elphinstone of Elphinstone.
:?. AYilliam Elphinstone was born at Kildrummy 11th December 1581, and died
there young,^ evidently in or before August 1595, when a younger son
was named William. A monumental stone in the Kildrummy aisle records
that he and his brothers, Patrick and David, died young. Inscribed
around the border of the stone is the following : — " Villiam, Patrik and
David Elphiustovns, [sones of Alexjander Lord Elphinstovn." At the top
are the Elphinstone arms. In the centre are the initials "V. E., P. E.,
D. E." A facsimile of the inscription and armorial bearings is here given.
4. Patrick Elpiiiustone, born 20th May 1584 in Kildrummy, and died there.®
Inventory of writs of the lauds lying iu the shire of Aberdeen, in Elphinstone charter-chest.
Original inventory, iliid. ' Copy testament, ihid.
Birthday Book, ibid. ^ Ibid. 6 jud
CHILDREN OF THE FOURTH LORD. 1G5
5. David Elphiustone "wes borne the 20 of October 1585 in Kildromie and died
ther. This yeir the lords entered Strilving and tooke the king, toune and
castell."! The last portion of the entry refers to the revolution of 4th
November 1585, which ended the ride of the Stewart Earl of Arran.
6. Lues Elphinstone of Bothkennar was born at Elphinstone on 2nd March 1586.^
When returning from a visit to Sutherland, to his sister, Annas Elphin-
stone, Countess of Sutherland, he attempted, on horseback, to ford the
river Deveron when it overflowed, and was drowned. He was thirty years
of age at his death, which took place on 31st May 1616. The Elphinstone
Birthday Book states that he "died in Kildromie." The historian of the
Sutherland family describes him as " a young gentleman of good expectation,
mucli lamented and bemoaned by all that knew him." ^ He was interred in
the Elphinstone vault at Kildrummy, where a stone bears the inscription : —
" Heir Ijds ane wor[thi]e g[entle]inan Master Lo[uis] Elphin[s]t[ovn] [sone of]
Alexander Lord Elphinsto[vn] qvha departit fra yis [li]fe ye last of Mai . . .*
being of ye age of xxx zeiris. "
On the stone are engraved the Elphinstone arms, having for crest a lady
liolding a castle in her left hand. The scroll above bears " Cavs Cavsit."
7. John Elphinstone of Bannockburn and Warthill was born on 2nd December
1591.^ His grandfather, Robert, Lord Elphinstone, for his better education,
gave him the lands of Bannockburn, and manor house, with advocation
of the chapel of St. Ninian, in Stirlingshire, with regress on payment of
a rose noble.''
Li 1611 John Elphinstone was warded in Edinburgh Castle for a " tulzie "
in the High Street, in which Alexander Drummond, brother of the poet, was
implicated.'' He resided at Warthill in Aberdeenshire. He married Barbara
Gordon, daughter of the laird of Petlurg, who was twice a widow previous to
this marriage, one of her husbands being Gilbert Keyth of Troup.** He died
in September 1G21. His testament-dative was given up by Mr. James
Birthday Book, in Elphiustone charter- ^ Charter, dated 10th November 1597,
St. - Ibid. Register of the Great Seal, vol. vii. No. 268.
Gordon's Genealogie, p. 338. 7 i^ ■ i i ^.u o ■ r. -i 1 •
. 1 71,11 Register of the Privy Council, vol. ix.
Date in figures, but undecipherable.
pp. 215, 240.
I'be last figure resembles a 6.
° Birthday Book in Elphinstone charter- * Birthday Book in Elphiustone charter-
chest, chest.
166 ALEXANDER, FOURTH LORD ELPHINSTONE, 1602-1638.
Elphinstone of Baruis,i who, in 1624, became tutor to his two sons, James
and Alexander Elphinstone. ^ The latter was appointed his executor-dative.
8. Michael Elphinstone, born 16th November and died in Elphinstone 24th
December 1592.3
9. Michael Elphinstone of Quarrell. He was born " on Sonday 23 of December
1593. "•* He was provided by his father in an annual rent of £300 Scots
out of the barony of Elphinstone. ^
On 15th February 1618, he married Mary Bruce, daughter of Mr.
Robert Bruce of Kinnaird.'' On 18th September 1618 his father gave him
part of the lands, with coal, of the New Cast and Cobiltriegait, in the
parish of Airth. This and a grant of 23rd July 1602 he renounced for
the lands of Quarrell and Easter Skaythmure, formerly owned by his brother
James Elphinstone, with the lauds of Bothkenner.'' From this time he and
his descendants became known as Elphinstones of Quarrell.
Mr. James Elphinstone of Barnis nominated him one of his executors and
tutor to his children. He gave him as a legacy his " suerd," " pistolettis "
and "mountar."^ Michael died at Durham and was buried there on 1st
November 1640. In the parish church of Larbert, which is near Quarrell,
is the following monumental stone : —
" Michalle Elphinstone. 1680. Mary Bruce.
Cause caused. Doe weel and doubt not.
Michale Elphinstone, youngest son to Alexander Lord Elphinstone, who died in
Durame and was buried thair upon the 1 of November 1640, which was the first of
this familie : Who's mother was Dam Janne Livingston, Leady Elphinstoune,
daughter to the Earle of Linlitligow. Interred heer his youngest sonne John, 14 of
September 1680, who gifted to this Kirk two communion cupps."
His eldest son succeeding him became Sir Robert Elphinstone of Quarrell.
10. George Elphinstone was born at Elphinstone on 12lh August 1595. He and
his brother William were twins. He died young.^
11. William Elphinstone was born 12th August 1595, at Elphinstone. ^^ He died
in April 1604.ii
1 Confirmed testament in Elphinstone renunciation of Cobletregate, 13th November
charter-chest. The Birthday Book says he 1619, ibid.
died on "October the , 1621." o Household Book, November 1616, ibid.
2 He also left a natural daughter. Dis- ^ Renunciation, dated 27th October 1619,
charge of the tutor's intromissions, ibid. narrating grants, ibid.
8 Testament, dated 14th April 1628, ibid.
3 Birthday Book, ibid. ^ Ibid. o Birthday Book, ibid. " Ibid.
^Charter, 23ia July 1602, uarratcd in " Birthday Book and Household Book, i>i(/.
CHILDREN OF THE FOURTH LORD. 167
12. Malcolm Elphinstone, born in Elphinstone, 3rd December 1596, died young.i
13. "Glaud" Elphinstone was born at Elphinstone, on 23rd February 1597, "on
Thursday befoir day." ^ He appears to have died young.
14. Frederick Elphinstone, born 5th September 1599, in the Canongate, and died
in Edinburgh 9th April 1600.3
Tlie five daugliters of Alexander, fourth Lord Elphinstone, were : —
1. Annas Elphinstone, Countess of Sutherland. A memoir of her follows.
2. Jane Elphinstone, Lady Forbes, was born 17th February 1582,* and was
named after her mother. She was married, 5th February 1600, to Arthur,
Master of Forbes, eldest son of John, eighth Lord Forbes.^ The Master of
Forbes and his wife resided at Druminour, the old name of Castle Forbes.
They were alive in 1628.^ They had five sons and three daughters.
3. ^Margaret Elphinstone, Lady Bruce of Airth, was born 7th June 1588.'^ On
27th March 1597 she was contracted in marriage to Sir John Bruce of
Airth, knight. Her mariiage was to be solemnised before 16th March
1601. Her tocher was twelve thousand merks.^ She and her husband
were deceased before 1628. They had fourteen children, who resided
mostly at Rotterdam. Sir Alexander Bruce of Airth, her eldest son,
served in the Netherlands till 1665. He married a Dutch lady, Anna
Vannech. Their daughter Jean married Richard Elphinstone of Calderhall,
who purchased the lands and barony of Elphinstone.^
4. Helen Elphinstone, Lady Cockburn of Langton, was born 27th August 1589.^"
She married Sir William Cockburn of Langton, knight.^' On his death she
married, secondly, Mr. Henry Rollok, minister at Edinburgh. ^^ By her iirst
marriage she had sons and daughters, and by her second marriage she liad a
son, John Rollok of Woodside.^^
5. Christian Elphinstone, Lady Cromartie. She was born 19th December 1590
in Elphinstone. 1* She married Sir Thomas Urquhart, sheriff of Cromartie,!^
who received with her nine thousand merks of tocher. They had issue.
' Birthday Book, in Elphinstone charter- ' Biithday Book, in Elphinstone charter-
clie.st. chest.
2 Ibid. 3 /;j,y 4 iii,i s The Braces and the Cumyns, by Mrs.
5 Birthday Book, ihkl. The Edinburgh Ciimming Bruce, p. 323.
Register of Marriages gives the 1st of ^ Writs, in Elphinstone charter-ehest.
February IGOO as the date of her marriage. i" Birthday Book, ibid. " Ibid.
'^ Register of Great Seal, vol. viii. No. 1211. ^- Jbkl. " Ihkl. ^* Ibid. ^^ Ibid.
The Honourable Annas Elphinstone, eldest daughter of Alexander,
FOURTH Lord Elphinstone, Countess of John,
TWELFTH Earl of Sutherland.
1579-1617.
Notices of this lady occur in Sir Eobert Gordon's Genealogical History of
the Earldom of Sutherland and in the " Sutherland Book." But since the
publication of the latter work, in 1892, a number of writs relating to her
have been discovered, both in the Halmyre and Elphinstone charter-chests,
which provide materials to supplement some parts of her history.
Annas Elphinstone was the eldest daughter of Alexander, fourth Lord
Elphinstone, and of the honourable Jane Livingstone, his spouse, eldest
daughter of William sixth Lord Livingstone. She was " borne the 27 of
October, about xi houres in the morning, 1579." ^
Of her youth little is recorded, She must have become acquainted with
her future husband, John, Earl of Sutherland, not later than during his stay
in Edinburgh at court for a year and a half in 1597 and 1598. From Edin-
burgh, in July 1598, Earl John went on his travels in France, where he
continued for some time. Almost immediately upon his return to
Scotland, or on 5th February 1600, his marriage with Annas Elphinstone,
which took place at Edinburgh, was celebrated. Various circumstances com-
bined to make this wedding a remarkable event in Edinburgh society. These
were, the high position of the bride's father, who was at the time lord
treasurer of Scotland ; the rank of the bridegroom ; the fact that on the same
day Arthur Master of Forbes, afterwards ninth Lord Forbes, was married to
the bride's sister, the Honourable Jane Elphinstone, the second daughter of
Lord Elphinstone ; and lastly, the ceremony was graced by the presence of
' Birthday Book.
MARRIAGE TO JOHN, EARL OF SUTHERLAND. 169
King James the Sixth and Queen Anne, his wife, and most of the nobility
Sir Eobert Gordon records the event in the following terms : —
"In the moneth of Febraarie 1600, beginning the yeir in March, John, Earle of
Sowtherland, mareid Anna Elphingstoun, the daughter of Alexander, Lord Elphiug-
stoun,! lord high treasurer of Scotland. The king and queen, with most pairt of the
nobilitie, were present at that wedding, which wes solemnized in the toun of Edin-
burgh. The same verie day, Arthour, Lord Forbes, mareid the second daughter of
the said Lord Elphingstoun." "
Birrel in his Diary preserves the interesting fact that Lentron, which
began on the 5th of February in that year, was stayed by reason of the
banquet and marriage of the Earl of Sutherland and Master of Forbes with
two daughters of the Master of Elphinstone.^
For reasons, owing probably to the state of the feudal title to the lands
and barony of Elphinstone in the person of Eobert, third Lord Elphinstone,
the grandfather of the bride, the marriage was solemnised without the usual
previous arrangement of a formal written marriage contract. At Edinburgh,
on 13th March 1600, a post-nuptial contract was signed by the parties. The
group of signatories to the contract is a remarkable one. It comprises John,
Earl of Sutherland, Jane, Countess of Sutherland (formerly Countess of
Bothwell), Alexander, Master of Elphinstone, and Alexander Ogilvy of
Bojme, while Sir Eobert Gordon, author of the History of the Earls of Suther-
land, is one of the witnesses. In accordance with the stipulations of this
contract, John, Earl of Sutherland, bound himself to infeft his spouse in life-
rent in the lands of DoiU, with houses, salmon fishings, and cruives upon the
water of Browrray, and nether water thereof, with privilege to build saltpans,
and win coals for the pans, on the grounds lying in the parish of Clyne, earldom
of Sutherland, and shire of Inverness, reserving to Dame Jane Gordoun,
1 He was only Master of Elphinstone at p. 140. Vide also Balfour's Annales, vol. i.
the date of the marriage, and succeeded his p. 405, where the date of the marriage is
father in the following year. given as 1599.
- Genealogy of the Earls of Sutherland, ^ Birrel's Diary, p. 48.
VOL. I. y
170 ANNAS ELPHINSTONE, COUNTESS OP SUTHERLAND, 1579-1617.
Countess of Sutherland, the earl's mother, the saltpans already built by her,
or to be built by her, with the coals and coalheughs of the same. He also
engaged to infeft his spouse in the lands of Lothbeg, Crockok, and Lothmoir,
with houses, etc., in the parish of Loth, in full satisfaction of " all thrid and
terce" she might claim of his lands. He warranted the forenamed lands to
be worth thirty-two chalders of victual yearly, the mains of Doill being
plenished with " steilbow," estimated at twelve chalders, beside the " kanes,
customes, siluer maillis, seruice, and vtheris dewteis." The earl further
engaged that the heirs-male of the marriage should succeed to the living and
earldom of Sutherland, with the castle of " Dynrobene," with provisions for
heirs-female if there were no heirs-male, etc. Dame Jane Gordoun, Countess
of Sutherland, transferred to her son all right she had to the earldom of
Sutherland, reserving her liferent of the lands of Doill, fishings, saltpans, etc.,
Lothbeg, Crockok, and Loithmoir, except in the event of the death of John,
Earl of Sutherland, when Dame Annas would have recourse to these lands,
and Dame Jane should have recourse to the rest of the earldom of Suther-
land. Alexander, Master of Elphinstoun, bound himself to pay, in name of
" tocher " with his daughter, to John, Earl of Sutherland, the sum of twenty
thousand merks Scots at terms specified. ^ In pursuance of the terms of
the contract of marriage, the Earl of Sutherland gave Annas Elphinstone,
his spouse, a charter of the lands and fishings recited in the contract.
The charter is dated at Edinburgh, 13th March 1600, and was confirmed
by the king 14th December 1600.2
The tocher was promptly paid by two instalments of ten thousand merks
1 Original and also a copy contract of Ist January was ordained to begin in 1600.
marriage in the Elphinstone charter-chest.
In the original contract the day of the month - Original charter of confirmation under
is left blank. In the copy, the day, the 13th, the Great Seal narrating the charter of the
is supplied. The contract states that the Earl of Sutherland, in the Elphinstone charter-
marriage has been " alreddie solempnizat." chest. The charter of confirmation is not in
The change of the first day of the year to the Register of the Great Seal.
THE FOURTH LORD ELPHINSTONE AND EARL OF SUTHERLAND. 171
each, on the 13th March 1600 and 26th October 1602, at Edinburgh and
Golspietower respectively.^
Alexander, Master of Elphinstone, afterwards fourth Lord Elphinstone,
was much trusted and consulted by his son-iu-law, the Earl of Suther-
land,2 and by the Countess of Sutherland, his daughter, after her husband's
death. The Earl addressed him in his letters in most reverential terms,
beginning them, "My lord and loueing father," and subscribing himself
at the end of them "Your lordship's maist affectionat sone to be commandit."
The history of the earl and countess, and the names of their children, so
lately related in the Sutherland Family Book, need not be reiterated here.
The following points affecting Alexander, fourth Lord Elphinstone, the
father of the Countess, however, may be added.
Lord Elphinstone, on 2nd July 1605, was commissioned by the Earl of
Sutherland to bring about an agreement with Clement Cor and the laird of
Airdrie, his son-in-law, in a dispute about the waters and fishings in Suther-
land. The commission contains a basis of agreement proposed by the earl,
and ends with the statement, " Giff your lordschip sellis my salmond, lat the
merchand him selff furneis packing salt and trieis, for sa we ar accustumitt."^
In April 1613 the Earl of Sutherland, accompanied by his nephews,
Donald Mackay of Strathnaver and John Mackay, with a large number of
the gentlemen of Sutherland, and probably with his countess and children,
went on a visit to Kildrummy to Lord Elphinstone. The opportunity was
taken to settle all controversies between the Earl of Sutherland and Mackay
by the mediation of their mutual friends. Lord Forbes, Lord Elphinstone, Sir
Eobert Gordon, and Mr. William Forbes of Menie. Sir Eobert Gordon
was made oversman, " which burthen," he says, " he accepted, although it
' Original discharges, in Elphinstone char- Sutherland, to Alexander, Lord Elphin-
ter-ohest. stone, his father-in-law, ibid.
^ Original commission given at Dunrobin,
-Original letters from John, Earl of and subscribed "J. E. Sutherland," iiiV.
172 ANNAS ELPHINSTONE, COUNTESS OF SUTHERLAND, 1579-1617.
wes a hard mater for him to beir himself eviulie in so freindlie and ticklish
a case." ^ It is satisfactory to know that all questions were settled to the
contentment of the parties concerned.
On the 26th July following, Dame Annas, Countess of Sutherland,
appeared before John Davidsoun, commissary of Caithness, sitting in judg-
ment at Brora, and of her free will, out of the presence of her husband,
resigned and renounced, from her and her heirs, to John Gordon, Master of
Sutherland, her eldest son, failing whom, to Adam Gordon, her second son,
her liferent of the town and lands of Doill, Brora water and cruives thereof,
and salmon fishing in the same ^ To recompense her in some measure for
this, John, Earl of Sutherland, disponed to her in a liferent settlement, in
case she survived him, " duiring hir widowheid and burding taking of our
bairnes," and no longer, the town and lauds of Brorae, grazing of Badinloche.
While she was a widow " wanting the burding and expenssis of our saidis
bairnes," he disponed to her five chalders victual out of the lands of Doill,
together with her liferent lands, extending to nine davoch lands of Crakoke,
Lothmoir and Lothbeg, in which she was then already infeft, and in no way
comprehended in this present security. In case of her re-marriage, she was
to be denuded of the said lands, etc., renew the renunciation of her right to
them, and be content with the nine davochs of Crakoke, Lothbeg and Loth-
moir. The settlement is dated at Dunrobin, 31st July 1613, and is witnessed
by the earl's two brothers, and by Donald M'Kay, fiar of Strathnaver, and
John M'Kay .3
John, twelfth Earl of Sutherland, became sick at Dunrobin, and was
removed to Dornoch, where he died on the 11th September 1615, in the
fortieth year of his age, and was buried in the cathedral church of Dornoch.
He left his eldest son, John, Master of Sutherland, to Dame Jean Gordoun,
1 Sir Robert Gordon's Geuealogie, p. 296.
^ Extract renunciation in Halmyre cliarter-chest.
3 Contemporary copy, without signature, ibid.
THE FOURTH LORD ELPHINSTONE AND SIR ROBERT GORDON. 173
Countess of Sutherland, till he chose curators; he also left Annas, his
daughter, to her. To Annas, Countess of Sutherland, his spouse, he left
Lady Elizabeth, his daughter, during her widowhood ; also the half of his
"insicht and plenesing, the siluer wark thairof onlie reseruit to the air."
His second son, Adam Gordoun, he left to Sir Eobert and Alexander
Gordoun, his brothers. He further left Sir Eobert Gordoun, his tutor testa-
nientar, and John Gordoun of Golspitour and Hew Gordoun of Coltis, his
executors, who were to be accountable to the countesses, the earl's brothers,
and Donald M'Kay of Strathnavern. Golspitour refused the executry, and
Sir Eobert Gordoun was appointed in his stead.^
A minute of agreement was drawn up between Lord Elphiustone and Sir
Eobert Gordon, the tutor of Sutherland. The late earl was due Lord
Elphinstone three thousand five hundred merks, and was caution for him in
two thousand merks, which fell to be paid at Martinmas 1615. If this could
not be paid, it was " communed " between Lord Elphinstone and Lady
Sutherland and Alexander Gordon, her son, that Lord Elphinstone should
receive a seven years' tack of the salt pans of Brora, with the lands of Doill
and pertinents, except Brora, or else ten chalders victual yearly out of the
readiest of Lord Elphinstoue's living to " defaic " yearly a thousand merks
of the above sums, paying yearly three hundred merks and working the coal
and pans of Brora at his own charges, etc. It is unknown whether this
minute, which is undated, was ever acted upon.'-
Couutess Annas had a son to the earl who was born at Duurobiu on the
9th February 1616, five months after his father's death, called George
Posthumus Gordon.^ The same year in which her husband died, another
calamity befel the Countess Annas. Her brother, Louis Elphinstone, on his
return from visiting her, perished on 31st May in the river Deveron,
' Contemporary copy of official confirmation ^ Copy minutes in Elphinstone charter-
of testament, dated 17th January 1616, in chest.
Halmyre charter-chest. ' Sir Robert Gordon's Genealogie, p. 314.
174 ANNAS ELPHINSTONE, COUNTESS OF SUTHERLAND, 1579-1617.
having unadvisedly enterprised to ford that water on horseback when it was
overflowed.^
Countess Annas felt the terms of her husband's testament in giving her
mother-in-law the charge of the heir to the earldom, who was only about six
years of age, as well as one of his sisters, while she herself was only
intrusted with a single daughter. Evidently by way of showing this, she
appeared before the Commissary of Caithness and declared that she had
made the renunciation of her liferent lands of Doill, etc., by the special com-
mand and desire of her late husband, and to her own great prejudice, as she
had received no corresponding benefit. She therefore revoked her grant of
the lands and desired to be replaced in her full right of them.^ She also,
by a contract with Donald M'Kay of Strathnaver, set to him her liferent lands
of Doill, Lothbeg, Cracok, and Lothmoir, for her lifetime, the teind sheaves
of the lands, and five chalders of victual, grazings of Badinloch, disponed to
her long after her marriage. For this lease M'Kay was to pay the sum of
(torn) and " ane vther thowsand pundis monie thairof at the feist and terme
of Mertimis nixt." Provision was made in case the lands of Doill should be
evicted by the pretended renunciation of these lands by her at Brora on
26th July 1613. The contract is dated at Dunrobin, 24th February 1616,
and is witnessed by " Sir Eobert Gordone, tutour of Sutherland," and others.-*
This transaction is represented by Sir Eobert Gordon as part of a scheme
and plot on the part of M'Kay to increase his authority in Sutherland, and
by various arguments M'Kay was induced to promise to "resigne agane
vnto the Countesse of Southerland, younger, all the right which shoe had
given him of her joyntur." " Thus did Sir Eobert," as he himself testifies,
" wyselie shift Macky out of Soutlierlaud."* A less contentious contract
' Sir Robert Gordon's Genealogie, p. 338. ^ Original contract iu Halmyre charter-
- Revocation, 9tli November 1615, in chest.
Sutherland charter-chest. Sutherland Book,
vol. i. \>. 209. ■* Sir Robtrt Gordon's Genealogie, \'. 326.
THE COUNTESS OF SUTHERLAND AND JANE COUNTESS-DOWAGER. 175
was made by Countess Annas with Andrew Thomsoun, master mason, for
repair of her house of Crakaig, by casting down the two gables of the house
and rebuilding them, and repairing such parts of the side walls as needed
repair, for payment of 300 mevks and 32 bolls of victual, etc. The writ is
signed Annas C. Suthirland.^
The dispute with the Dowager Countess Jane Gordon still continued,
the latter, in letters to her son, Sir Eobert, asserts that Countess Annas had
incensed her father against her ladyship and Sir Alexander Gordon of
Navidale, her son, so that he declared himself their " onfriend." - Sir Eobert,
as tutor, was also carrying on what he calls his " third controversie " for
settling some particulars between her and her son the earl ; which was
referred to the arbitrament of friends, and a meeting was appointed at
Dornoch to that effect, in the month of October, but meantime the contro-
versy was ended by the unexpected death of the countess, who died at
Crakaig, on 18th September 1617, in the thirty-seventh year of her
age. She was buried at Dornoch, hard by her husband. The care of
her children was given to Sir Eobert Gordon, and the commissary com-
mitted to him the intromission with her goods and gear.^ Sir Eobert
gave up testament in name and behalf of Adam, George, Elizabeth and
Annas Gordon, her children. Sir Eobert Gordon's character of this lady
deserves quotation : —
" Shoe was a ladie of good iuclination, of a meik disposition, and verie provident.
Dureing the short tyme of her widowheid, shoe spared a reasonable portion for her
children, out of the estate which wes left her in joynture ; shoe repaired the house of
Cracock, being decayed since it wes first built by Jane Gordoun, Countes of
Southerland."
' Original contract, dated at Crakoke, Uth April 1617, in Halmyre charter-cheat.
2 Letter, 24th September 1616, Sutherland Book, vol. ii. p. 123.
^ Testament, confirmed 22nd December 1617, in Halmyre charter-cbest.
176 SUTHERLAND AND ELPHINSTONE SIGNATURES, C. 1612-1644.
anm?yC%i^ih^Kf0n/
fiannes fut&r^nJut oante^
1. Annas Elphinstone, Countess of Sutherland, c. 1612.
2, 3. John, twelfth Earl of Sutherland, her husband, 1615.
4. Lady Jane Gordon, Countess of Sutherland, her mother-in-law, 1616.
5. John, thirteenth Earl of Sutherland, her son, 1644.
XV. — Alexandek., fifth Lord Elphinstone,
Lord Kildrujimy as a Lord of Session.
Elizabeth Drummond (Perth), Lady Elphinstone, his Wife.
1638-1648.
In the family record of births of the children of Alexander, fourth Lord
Elphinstone, and his wife, Jane Livingstone, the birth and marriage of their
eldest son, Alexander, the subject of this memoir, are thus recorded : —
"Alexander Elphinstoun, thair first begotten, wes borne 13 of November 1577,
and wes marled the xxviij of Aprill 1607 with Elizabeth Drummond, sister to the
Erie of Perth, and with her begat sonnes and dauchteris." ^
Alexander Elphinstone was named after his father, great-grandfather,
and great-great-grandfather. He was thus the fourth of the Lords Elphin-
stone holding the Christian name of Alexander. The name was continued
in the family in the persons of his two immediate successors, the sixth and
seventh Lords, after which John became the prevailing Christian name of
the holders of the Elphinstone peerage for many generations.
When he was quite a youth his special association with Kildrummy
began, and he continued in possession of that estate for thirty-three years in
his father's lifetime, until in 1626 the fourth Lord and his son, as shown
in the preceding memoir, were obliged to remove from it by an enforced
surrender to John, Earl of Mar, and his son. Lord Erskiue, their near
cousins.
This fifth Lord Elphinstone did not attain to the venerable age of an
octogenarian like his father ; but he crossed the allotted span of threescore
and ten.
Alexander Elphiustoue was born to a noble position. He soon became
' Klphinstone Birtlulay Book.
VOL. I. Z
178 ALEXANDER, FIFTH LORD ELPHINSTONE, 1638-16i8.
possessed of extensive lauded estates in several counties of Scotland. He was
an active member of several of the parliaments. He was also a prominent
member of the privy council ; and for many years was a lord of session,
or senator of the College of Justice, under the ofiScial or courtesy title of
Lord Kildrummy. During all his official labours, owing to his gentle,
amiable, quiet, and agreeable nature, he was a favourite and ornament
in the social circle of his relatives and friends. The memoir of such an
exemplary nobleman requires more detail to do justice to his memory than
that of any other member in his long line of ancestors — save perhaps that
of his venerable octogenarian parent. In the present memoir will be shown
how the unobtrusive life of this eminent and earnest Elphinstone has been
partly overlooked by previous biographers.
At the early age of sixteen Alexander Elphinstone received crown
charters, first, of part of the Kirktouu, and then, upon the resignation of his
father, of the town and burgh of Kildrummy, with fortalice and manor-place,
in the earldom of Mar.^
Meanwhile, in March 1601, when receiving some of these lands, and
when his prospects in life were thereby advancing, he suddenly placed in
jeopardy, for the time, himself, his possessions, and his prospects. The
stringent laws enacted against the exercise of the Eoman Catholic religion
were sometimes rigorously enforced by the king, who often openly avowed
his dislike to the Pope and his " seminary priests." At the time referred to,
Alexander Elphinstone attended mass in the chamber of a certain Helen
Sempill, in the house of one Andrew Naper, burgess of Edinburgh. It
would have been an extenuating circumstance in favour of young Elphin-
stone if he had revealed his transgression. But he kept the fact a secret,
and that was an aggravation of the case.
The law which Alexander Elphinstone broke was enacted so recently
' 15th December 1503. Register of tlie Great Seal, vol. vi. No. 24; and 25th January
1593-4, ibid. No. 51.
IN WARD AT ST. ANDREWS, 1601. 179
as 1594, that "all wilfull heiraris of messe and concellaris of the same be
executed to the death; and thair guidis and geir escheatit to his Hienes
vse." 1 With the law so stringent it was fortunate Elphinstone could plead
that he was not a " wilfull " hearer of the mass, in the sense that he had
neither inclination to such a thing, nor intention to break the law.
At a privy council meeting, held at Holyrood on 8th April following,
his father, the Master of Elphinstone, thought it necessary to interpose on
behalf of his son. He promised to cause him to pass within three days to
St. Andrews and keep ward there until he was freed therefrom by the
king.2 Alexander Elphinstone was still at St. Andrews on 26th June 1601
when he received a licence from the king " to repair to our burgh of Edin-
burgh and his fatheris companie for sik necessar turnes as he hes to do,
notwithstanding that be oure vther warrand he is commandit to keip waird
within oure citie of Sanctandrois." It was provided that he was to return to
his place of ward within eight days after the date of the licence.^ Young
Elphinstone did not continue long in enforced ward at St. Andrews. On
10th July following, the king subscribed letters by which he " freithis and
releiffis our louit Alexander Elphingstoun . . . furth of his present waird . . .
and grantis him libertie and licence to hant, resort and repair in all pairtis
of our cuntrie at his plesour."* The king, who was satisfied with his
explanations, had already, on 24th April, directed a precept under the privy
seal to the lord chancellor, to cause letters of remission to be passed in
his favour, under the great seal. The precept narrates that the king, under-
standing and fully considering that Alexander Elphinstone was present at
the saying of mass —
" Not out of his own inclination, or intention by transgression of our laws against
the religion professed in our kingdom, but that he has associated himself with certain
' Acts of the ParUaiueuta of Scotland, vol. iv. p. 62.
= Register of the Privy Council, vol. vi. pp. 232-3.
^ Original licence subscribed by the king, in the Elphinstone charter-chest.
* Original letters, ibid.
180 ALEXANDER, FIFTH LORD ELPHINSTONE, 1638-1648.
persons, not professors of the said religion. Therefor of our grace and mercy we have
remitted the rancour of our mind, royal suit, and all action . . . against the foresaid
Alexander Elphingstoun for the foresaid hearing of mass and [not] revealing thereof
the time before written, against the tenor of our acts of parliament and laws of our
kingdom made thereupon ; and for all action, cau.se, pains and penalty which can
foUow thereupon, or can be imputed to the said Alexander on that account at any
time to come," etc. ^
Alexander Elphinstone was fully twenty-three years of age at the
date of this royal remission. Of his early education no particulars have been
preserved. It would no doubt be in keeping with his high social position
and prospects. We know from the household books, which were commenced
by his father, the fourth Lord, in 1602, that his lordship gave his younger
sons, James, Louis and others, a liberal education, and there is other evidence
that bis eldest son and heir was highly educated. He became in early
life an eminent lawyer and judge in the supreme civil court. He attended
the University of St. Andrews for the purpose of receiving instruction
in theology. Although King James had forgiven him for attending mass,
still it was deemed prudent that he should proceed to this Protestant
seminary. Andrew Melville, the Gamaliel of his time in Scotland, was
principal of the New College of St. Andrews, aud under him Elphinstone
would receive able instruction in the true faith. He attended the lectures
and e.xercises of theology, and in the short time he was at St. Andrews
made progress therein. He gave satisfactory evidence to his instructors of
his loyalty to the religion then professed within the realm, made formal
public avowal of that loyalty, subscribed the Confession of Faith, and under-
went an examination upon the then controverted points of religion. His
attendance at St. Andrews University was confined to the summer of 1601.
At the close of that session a testimonial was given to him by the rector and
masters of the University on 1st August 1601. From the terms of this
' Original remiaaion, which mentions the date of the offence as 21st March 1601, in
Elphiuatone charter cheat.
TESTIMONIAL FROM UNIVERSITY OF ST. ANDREWS, 1601. 181
testimonial the chief pvirpose of his attendance there is not only made
apparent, but also the fact that seeing the error of his ways he was exercised
with true repentance. The testimonial proceeds thus : —
" We, Rector of the Vniversitie of Sanctandrois, and Masteris of the New College of
Theologie within the samyne, testifies be thir present lettres that the right honorable
Alexander Elphingstoun, appeirand of Elphingstoun, eldest sone of the right honorable
Lord Thesaurare, berare heirof, hes been conwersant with ws this sommer seassun, and
induring the said space hes gevin obedience in heiring the word of God at ordinare
preachingis and ordinare lectures and exerceissis of Theologie within the said college,
and accordingly hes schawin and approwed to ws his honest, modest, and guid behaviour
iu lyf and conversatioun : Finalie, efter sindry conferences aneut the contrawertit heidis
of religioun, be the mercy of God, dois acknawlege, confess and avow the religioun pre-
sently profest within this realme to be the wery trew religioun, and only vndoiibted
treuth ; and dois renuuce all papistrie, superstitioun and heresie contrarie to the samyne :
Promeising, be the grace of God, to stand constant and firme in the confession of the
said treuth to his lyfis end, and to defend the samyne to the vttermost of his power
aganis whatsumevir enemyis. And in werificatioun heirof the said Alexander hes
maid opin declaratioun and awowance of the foirsaidis heidis in presence of ws and
witnessis vnderwrettin : as also according to the lawis and custome of our Vniversitie
hes with his awin hand subscriwit the confessioun of the trew faith presentlie professit
and teachit within this land."i
On the death of Eobert, third Lord Elphinstone, on 18th May 1602, and
the succession of his son Alexander as fourth Lord, Alexander Elphinstone,
grandson of Eobert, became Master of Elphinstone.
The fourth Lord was abundantly mindful of making provision for his
eldest son and heir-apparent, the Master of Elphinstone. Besides the Kirk-
toun of Kildrummy and the town and burgh of Kildrummy, to which he
was provided before he was of full age, at later dates, up to the occasion of
' Original testimonial, dated 1st August profession and subscription. Mr. T. Car-
IGOl, in the Elphinstone charter-chest. The michaell, witness to his resolution and pro-
testimonial is subscribed by Mr. Robert fession off the treuth. V. Craustoun, vitness
Wilkie, Rector ; Andrew Melville, D. of to his profession and subscription. Mr.
Theologie, Mr. John Jonston, Mr. Patrik Villiam Velwod, vitness.
Malvile, Mr. James Melvill, witness his
182 ALEXANDER, FIFTH LORD ELPHINSTONE, 1638-1648.
his marriage in 1608, he acquired from his father many other lands. These
include, among others, Ardmoir in Menteith, Carnock in the barony of Plane,
Cambusbarroun in the shire of Stirling,^ and Pettynane in Lanarkshire,
Duucreiff and Wysbie in Aunandale,^ Eossy and Pendreich in Perthshire,
Polknaiff, the Halls of Airth, in the shire of Stirling, Feddellis, and the
Mains and castle of Kildrummy, and other lands in the barony of Kil-
drummy and shire of Aberdeen, and the barony of Elphinstone in the shire
of Stirling.^ Alexander, Master of Elphinstone, was thus a considerable
landed proprietor of the Elphinstone estates for thirty years before his
father's death.
Of these extensive properties thus provided to the Master of Elphinstone,
the greater portion have been sold by the family, or otherwise lost to them,
and it is only necessary to refer in this memoir to these possessions
generally, while they continued the property of the Elphinstone family.
But a peculiarity, it has been stated, was attached to the landed barony
of Kildrummy. This it is proper to notice, the more so as a strange
mistake has been fallen into by Mr. John Eiddell in his "Peerage Law,"
in reference to the designation of Alexander Elphinstone as Lord Kildrummy.
Mr. Piiddell states that the barony of Kildrummy bestowed upon
Alexander, Master of Elphinstone, conferred upon him the right to a
peerage of that name. The learned author says that : —
" The dominical lauds of Kildrummie were heritably granted by James iv. on the
10th of December 1507 to Alexander, first Lord Elphinstone. They thus uniformly
descended in his line, without any challenge, or exception — nay, even constituted, as
would seem, a territorial Peerage in their favour." *
The statement that the subject of this memoir, Alexander, Master of
Elphinstone, was a peer of Scotland, by the title of Lord Kildrummy, and
1 14th December 1600. Register of the Great Seal, vol. vi. No. 1113.
■■! 19th Febru.iry 1001. H'id. No. 1149. 3 5th July 1608. Ibid. No. 2125.
* Kidilell's Peerage Law. 1842, p]\ 134-5.
MADE LORD OF SESSION AS LORD KILDRUMMY, 1608. 183
that he was styled Lord Kildrummy immediately after the lauds of Kil-
drummy were settled upon him, aud as a consequence of that settlement, is
disproved by undoubted evidence.
In the feudal title given by the crown, in 1593, to Alexander Elphinstone
of the lands of Kildrummy there is not the slightest word to infer that the
lands carried a peerage lordship.^
In the contract of marriage of the Master of Elphinstone in 1607, and
also in the crown charter, dated 5th July 1608, which followed upon it,
he is designated as one of the senators of the College of Justice. This is
the earliest charter reference to him in his official capacity. Subsequently,
and throughout the remainder of his official life, he is often so designated.
The Master of Elphinstone first appears as Lord Kildrummy in a crown
charter dated 2nd May 1611, where he is described as "Alexander Magister
de Elphingstoune, dominus de Kildrummie, et unus senatorum CoUegii
Justitie." 2 It was the invariable custom for these senators to take a courtesy
or official title, and in the beginning of the seventeenth century and down
to a comparatively recent date they had the privilege of being designated
Lords officially, of the name of their own lands or baronies, or even of a
small piece of land, or by their own surname if they possessed no land.
Lord Kildrummy could not have adopted the title of Lord Elphinstone, as
that would have been in conflict with his father. The title of Lord
Kildrummy was a very appropriate one for him to adopt, but it was no
more than an official style and only enjoyable for life or term of office.
This well-known Scottish practice is admirably explained by one who was
himself a lord of Session, in his excellent Life of the still more celebrated
Lord Jeffrey, in the following very clear description of the assumption of the
personal title of Lord in preference to any territorial designation : —
" The Scotch Judges are styled Lords, a title to which long usage has associated
1 Original charter, dated ^Sth January 1593, in the Elphinstone charter-cheat.
' Register of the Great Seal, vol. vii. No. 470.
184 ALEXANDER, FIFTH LORD ELPHINSTONE, 1638-1648.
feelings of reverence in the minds of the people, who could not now be soon made to
respect or understand Mr. Justice. During its strongly feudalised condition, the landholders
of Scotland, who were almost the sole judges, were really known only by the names of
their estates. It was an insult, and in some parts of the country it is so still, to call a
laird by his personal, instead of his territorial, title. While this custom was universal,
a man who was raised to the bench naturally took his estate's name with him, because
it was the only name that he was known by. Even lairds came, however, in time to be
identified by their Christian and surnames. Yet, for a while, the fashion of sinking the
individual appellation, and carrying the landed one to the judgment seat lingered ; not
always from vanity, but because it was natural for landholders to dignify themselves
by theu' estates, and their estates by their judicial office. But this assumption of two
names, one official and one personal, and being addressed by the one and subscribing by
the other, is wearing out, and will soon disappear entirely. Jeffrey had land enough
to entitle him to sink his honourable name in that of his bit of earth ; but like many
others, he did not choose to do it, and became Lord Jeffrey, "i
The visionary and crude coronet of Kildrummy, which Mr. Kiddell has
foisted into his own peerage book in the year 1842, never appeared in
any other peerage work before, and cannot be expected to appear again in
any work of authority on the peerage of this country. According to Mr.
Eiddell, peerage writers, and even the great lawyers of the House of Lords,
make mistakes. But, so far as we are aware, he is himself the first peerage
writer who has attempted to convert a lord of session, sometimes popularly
called a " paper lord," into a parchment patent hereditary peer.
But there is another passage in Mr. Eiddell's peerage book which it is
necessary to notice in consequence of its direct bearing on the Elphinstone
peerage. He was allowed access to the Elphinstone charter-chest after it
had been transferred from the Tower of Elphinstone in Stirlingshire to
another place of deposit, the mansion of Cumbernauld, which belonged to a
cadet of the Elphinstone family. This was a matter of convenience after
the sale of the Tower of Elphinstone. Mr. Eiddell found at Cumbernauld a
piece of parchment referring to the lands granted by King James the Fourth
1 Lord Cockburu's Life of Lord Jtefrey, 1852, vol. i. ]•. 365.
PATENT OF ELPHINSTONE PEERAGE, 1509. 185
to the first Lord Elphinstone in 1507. He was so elated by that alleged
discovery that he actually treats it as if it were equal to the original peerage
patent, signed by King James the Fourth, with his great seal appended.
The explanations of this pretended discovery run over several pages of close
print, with foot-notes, in Mr. Kiddell's work, and are too lengthy and
irrelevant for full quotation here. But their import is in effect that the
Elphinstone peerage is a female dignity.^
The actual patent of creation of the Elphinstone peerage by I^ng James
the Fourth in 1509 is not known to exist. But the descent of the peerage in
the male line has continued unbroken from the original creation of it to the
present time, a period of about four centuries. On more than one occasion
during that long period, the peerage descended to the remoter heirs-male,
passing over the nearer heirs of line. In one of the cases the heir-male and
the heir of line happened to be first cousins. They intermarried, and carried
on the inheritance of the dignity in the male line. Two sons of that
marriage succeeded to the adopted heir-male, and with the consent and
approval of their mother, the heir of line, were successively Lords Elphin-
stone in her lifetime, showing that the peerage was inherited, not from her,
but from her husband, the heir-male. The lady, the heir of line, was the
only surviving daughter of the fifth Lord. The heir-male was his nephew,
and he adopted him in his lifetime as his presumptive heir, styling him
Master of Elphinstone, and promoted his succession to the peerage as sixth
Lord. This will appear in the course of the present and subsequent memoirs.
In the claim which was made by the late Earl of Crawford to the
Dukedom of Montrose created in 1488, Mr. Eiddell, as advocate for the
claim, demolished his own Peerage Law. So far as it affected that case,
his law, as author of that work, was sound, but contradictory of his
pleadings as counsel in his printed cases. The Attorney-General, in oppos-
ing the claim on behalf of the Crown, was quick to discover this incon-
' Riddell's Peerage Law, pp. 952-954.
VOL. I. 2 A
186 ALEXANDER, FIFTH LORD ELPHINSTONE, 1638-1648.
sistency. He said with force, " I appeal from the counsel to the author, 1
appeal from the interested advocate to the disinterested historian," referring
to page 819 of the Peerage Book of Mr. Eiddell on the Montrose Dukedom.^
The appointment to a place on the bench as a senator, held so long
by Alexander, Master of Elphinstone, afterwards fifth Lord Elphinstone,
although a fact supported by plain and abundant proof both in public
and private records, has been hitherto entirely overlooked by other writers
besides Mr. Eiddell. In the Catalogue of Senators of the College of
Justice contained in the " Historical Account" of them, published in 1836,
the authors omit the fifth Lord altogether, although for many years he was
both a senator, a privy councillor, and an active member of the parliament of
Scotland. The explanation of such a mistake is that they treated the fourth
and fifth Lords, who held the same Christian name and surname, as one man.
They continued the life of the former ten years beyond the time of his death,
in 1638, that is to 1648, the year when the fifth Lord Elphinstone died. This
they do in their biographical sketch of Alexander, Master of Elphinstone,
afterwards fourth Lord Elphinstone, one of the extraordinary lords of session.-
The authors of the Catalogue of Senators were neither the first nor
the last writers who extended the life of the fourth Lord Elphinstone
to the year 1648, and attributed to him the events relating to his son, the
subject of this memoir. Earlier and later peerage and genealogical writers
down to the present day have committed the same error. The perpetuating
of this error over so long a period has led to several mistakes. One of these
is in the final and official elaborate Index volume to the Acts of Parliament
b)' the late Mr. Cosmo Innes. That learned editor, following the mistake of
' Report of the Montrose Peerage Case, bj' for the late Duke of Montrose; — "Botheration
Lord Lindsay, ISiJS, p. 217. Mr. Eiddell, take that book of mine, it is always coming
who was present, winced under this pointed up against me."
reference to him. He whispered to the ^ Senators of the College of Justice, by
writer of these lines, who was sitting next to George Brunton and David Haig, pp. 242,
him, and who was engaged on the opposite side 24.3.
ADMITTED A MEMBER OF THE PRIVY COUNCIL, 1605. 187
the authors of the Catalogue of Senators, extends the life of Alexander,
fourth Lord Elphinstone, from 1638 to 1648, or ten years beyond his actual
death. He, however, does more than this, and discarding the year 1649, the
alleged, but erroneous date of the death of Alexander, fifth Lord Elphinstone,
adopted by peerage writers, he brings down his life to the year 1669, the actual
year when his grandson, Alexander, seventh Lord Elphinstone, died.^
In the present work, which aims at accuracy in regard to the Lords
Elphinstone, it is thought better to clear off these mistakes about the fourth
and fifth Lords Elphinstone by IMr. Eiddell and other writers.
Eeturning to the events of Alexander Elphinstone's life, we find his name
occurring thrice during the year 1601 in the Eegister of the Privy Council.
In two of these instances he appears as liferenter of the lands of Drumbrek,
in Aberdeenshire. Several of the Meldrums surprised the place of Drum-
brek, removed the servants, fortified it as a house of war, and then molested
and terrorised the tenants of the lands. Twice Alexander Elphinstone
complained to the privy council, with the result that, on both occasions, the
offenders were denounced rebels for not appearing before the council.'^
Up to this time and to the beginning of the year 1605, we have to do with
Alexander Elphinstone as a private individual and a land owner. But from
the period mentioned he figures as a public and official person as weU as an
important landed proprietor. He received his first government appointment
on 7th March 1605, when he was admitted a member of the privy council of
Scotland.^ The Elphinstone family were now largely represented in the
privy council, four of their number, Alexander, Lord Elphinstone, Alex-
ander, Master of Elphinstone, his brother, Sir Michael Elphinstone, and
their uncle, James Lord Balmerino, secretary of state and president of the
court of session, being members of it at the same time.
1 Acts of the Parliaments of Scotland, Register of Privy Council, vol. vi. pp. 214,
vol. xii. p. 499. 328.
2 24th February and 29th December 1601. ^ Ibid. vol. vii. p. 22.
188 ALEXANDER, FIFTH LORD ELPHINSTONE, 1638-1648.
Alexander Elphinstoue, who in 1602 became Master of Elphinstone, was at
the time of his appointment in the council twenty-seven years of age. His
name is in the sederunt of the meeting of council at which he was admitted.
The other three members of the Elphinstone family who were councillors
were all in attendance on that occasion.^ Although he was admitted on the
7th of March, his name is included in the sederunt of the immediately pre-
ceding meeting held on 5th March.^ The admission to the council of the
Master of Elphinstone was only one of several changes in the constitution of
the council at this time. The Earl of Montrose, who had hitherto been Lord
Chancellor, was now made Lord High Commissioner ; Lord Fy vie exchanged
the Lord Presidentship for the office of Lord Chancellor ; and Lord Balmerino
became conjointly Secretary of State and President of the Court of Session.
From the time of this appointment, Alexander, Master of Elphinstone,
gave most regular attendance at the privy council, and took an active part in
its affairs. He exceeded in the regularity of his attendance both his father
and his brother, and, indeed, most of the members of the council.
The trial on a charge of treason for holding the Aberdeen Assembly and
declining the authority of the king in ecclesiastical affairs, of six of the lead-
ing ministers at the Assembly, was appointed to take place at an assize court
at Linlithgow, on 10th January 1606. This trial was of the deepest interest
alike to the king, the church, and the people of Scotland. From its great
importance assessors were appointed to assist the Justice Depute, who
presided. The Master of Elphinstone, his father, and his uncle. Lord
Balmerino, were included among these. Other assessors were the high
commissioner, the chancellor, the Earls of Mar, Linlithgow, Dunbar, and
others.^ The issue of the trial was to make it treason to decline the
king's authority in matters ecclesiastical.
' of Privy Council, vol. vii. p. 22. 2 /jj(;_
3 Ibid. p. 164 n. ; Caklerwood's History, vol. vi. p. 389 ; Pitcairn's Criminal Triala,
vol. ii. p. 496.
CAUTIONER FOR JAMES, LORD BALMERINO. 189
On IStli June 1607, the Master of Elpliinstone appeared in the council,
on his father's behalf, in a complaint against Alexander Forbes of Towie and
others for forcibly breaking the gate of Lord Elphinstone's fortalice of Tor-
garffe [Corgarff] and fortifying and retaining the place as a resort of thieves
and " limmers." ^ In the following year, on two occasions, he subscribed
letters addressed by the council to the king.^ In 1609 he became cautioner,
along with his father and Sir George Elphinstone of Blytheswood, for his
uncle, James, Lord Balmerino, to the extent of £40,000, that he would keep
ward within the palace of Falkland and a mile around it till relieved.*
In a reconstitution of privy councillors by letter from King James, dated
20th January 1610, the Master was one of the thirty-four who were
appointed. Previously the number of councillors was over ninety, so that
this council was more select. Important new privileges were conferred
upon them.*
The Master of Elphinstone, being a trained lawyer and a member of
the College of Justice, was much consulted and trusted by his father and
other relatives and friends, in reference to their private affairs. John,
twelfth Earl of Sutherland, the husband of Annas Elphinstone, Countess of
Sutherland, eldest sister of the Master, was one of those relatives who in that
connection had recourse to his services from time to time.
From the year 1602, the date of the commencement of the first of Lord
Elphinstone's Household Books, to the year 1607, the name of the Master of
Elphinstone appears from time to time on the pages of these books. Several
interesting facts are to be gathered from the entries. Some of these show
the amusements of a young gentleman of position in the beginning of the
seventeenth century. Playing of cards was one of these. In August 1602,
the Master received " in the Doill in my auld Lady Sutherlandis " xl s. " to
play at the cairtis thair." " Ane brais," " ane schutting gluiff " and " bowe-
' Register of the Privy Council, vol. vii. p. 393.
2 Ibid. vol. viii. pp. 531, 534. ^ /j;,;. p_ ']i]_ 4 m^^ pp. gis^ 816.
190 ALEXANDER, FIFTH LORD ELPHINSTONE, 1638-1648.
stringis " bought for him, point to other pastimes of snaring, shooting, and
archery. Others illustrate the custom of gentlemen in private life wearing
the sword, the " rapper," and the " quhinger." The last of these served the
double purpose of a knife at meals and a sword in broils. Thus, in
December 1602, the Master of Elphinstone got a "scabert" to his "riding
sword," and in the following month payment is made for "dichting the
Maister rapper and making ane gilt schaip to it." In November 1603,
"ane quhinger to the Maister" is paid for, and in the ensuing April, "a
scabbert " was purchased for his sword.
These books also furnish particulars about his movements, etc. Thus, on
29th August 1603, he spent a night with his father in the palace of Linlitli-
gow. Again, he and his father attended the funeral of his grandfather,
Robert, third Lord Elphinstone, as cloaks are provided to them " for the
buryall." When his contract of marriage was being subscribed, and previous
to the subscription of it by his father, there are entries which show that
Lord Elphinstone was at Kildrummy when the Master and his future spouse
signed it on 28th April 1607. His lordship left Kildrummy on 13th May,
and travelled south. Thereafter many communications passed between Lord
Elphinstone and his son, the Master, up to the middle of June ; and the
Master was during that time frequently sent for by his father. These com-
munications and meetings were evidently about the contract. At length
Lord Elphinstone set out for Edinburgh on 19th June, and adhibited his
signature to the contract at Holyrood House on 23rd June 1607.
But it is to his own Household Books that we must look for most informa-
tion about the Master of Elphinstone. Soon after his marriage in 1607, he,
in conjunction with Elizabeth Drummond, his spouse, received on 5th July
1608 a great seal charter of the lands of Eossie, with the fortalice, etc., and
Pendreich, in the shire of Perth ; the lands of Polknaiff and the Halls of
Airth, in the shire of Stirling, and other lands.^ He thereupon chose Eossie
1 Register of the Great Seal, vol. vi. No. 2125.
EXTRACTS FROM HIS HOUSEHOLD BOOKS. 191
and its mansion, situated near Forgandenny, as one of his principal resi-
dences, set up an establishment there, and, following the example of his
father, kept a Household Book.
The Household Books of the Master, still in the Elphinstone charter-
chest, are three in number. The first is from 1610 to 1613. The second,
which is holograph of the Master, ranges from 1629 to 1633. The third,
the beginning of which has been torn out of the volume, extends from
1636 to 1641.
From this enumeration it will be. seen that the Master of Elphinstone's
Household Books, so far as preserved, do not form a complete and continuous
series. The first volume now named has this peculiar interest, that for three
years, the period over which it extends, besides reporting his movements
from place to place, and the incidents in his life, features common to the
other Houseliold Books, it gives detailed statements of the company he
entertained from time to time in his several residences, and of the expenditure
incurred in meat and drink. The book shows him to have been extremely
hospitable, entertaining a constant flow of guests. The cordiality of the
relations subsisting between him, his parents, and brothers, and other Elphin-
stone relatives, and those related to the family by marriage, is abundantly
evidenced in the frequency and duration of their visits to his dwelling.
There, it is apparent, they could at all times rely upon a hearty welcome.
One near relative is missed, as the names of the guests on the different pages
are scanned, viz. : —James, first Lord Balmerino, uncle of the Master. When
the sentence for his execution was passed from, he was, in October, warded
in Falkland, and soon after permitted to retire to Balmerino. There he was
visited by his relatives, including the Master of Elphinstone and his wife,
until his death in 1612. On 13th June of that year, the statement is made
that " my Lord of Balmerinoch raid heim the samine day and his brother
and thair servandis;" and again on " the last of June my lord of Balmerinoch
com out of Elphinstoun, and his brother my lord of Couper to thair super."
192 ALEXANDER, FIFTH LORD ELPHINSTONE, 1638-1648.
Among the Master's many guests at Eossie and elsewhere, were his
brother-in-law, James, Earl of Perth, his son, the Master of Perth, and other
members of that family, and also his uncle, Alexander, first Earl of Linlithgow.
The list includes further such names as Sir William Livingstone of Kilsyth,
one of the senators of the College of Justice, who became vice-chamberlain
of Scotland, Sir John Forbes of Pitsligo, Sir Thomas Piuthven, afterwards
Lord Euthven, Sir Eobert Gordon, the historian, Sir George Elphinstone, Sir
Michael Elphinstone, and the Archbishops of St. Andrews and Glasgow. In
the two remaining Household Books numerous references to Lady Lilias, his
daughter, and to his other children occur.
In deaUng with the period of the Master of Elphiustone's life from 1610,
when settled in his residence at Eossie, to 1622, when the legal process was
commenced which was destined four years later to deprive him of Kil-
drummy, beyond what has already been stated, little can be added, except
what is transmitted from the Eegister of the Privy Council. During these
twelve years, the ]\Iaster continued both a member of the privy council and
a senator of the College of Justice. His attendances at the meetings of
the former were uniformly exemplary, and it is only in keeping with what
is known of him in other matters to suppose that his attention to his judicial
functions was no less praiseworthy.
On 28th April 1613, he was brought into close association with a
tragedy which has become historical. On 6th April 1608, Sir James Johnstone
of Johnstone, knight, was treacherously slain by his hereditary enemy, John,
ninth Lord Maxwell, near Lochwood, in Dumfriesshire. After the murder,
Lord Maxwell fled to the Continent, where he remained until 1612.
During his absence he was condemned and forfeited, and his lands given to
court favourites. On his return, he was seized and delivered to the
government. Attempts were made to save his life. The council caUed
the relatives of the slain Johnstone laird before them to ascertain if they
insisted upon the death of the murderer. They all, even including his own
COMMISSIONED TO VISIT ABERDEEN COLLEGES, 1619. 193
cousin, Dame Sara Maxwell, Lady Johnstone, the widow of Sir James
Johnstone, insisted on it. Dame Margaret Scott, Lady Johnstone, the aged
mother of the slaughtered laird, was too infirm to appear before the council.
In 1613, Alexander, Lord Kildrummy, and other two of the council, were
chosen to wait upon her, and learn her wishes in the matter. She was firm
that the law should take its course. Lord Maxwell was executed on 21st
May 1613.1
The colleges and hospitals of Aberdeen claimed some attention in the
spring of 1619. Abuses and mismanagement of property had been alleged
against them during some preceding years. These consisted of " dilapidatioun
and the unuecessar and idle spending and waisting of the proper rent and
patrimonie of the saidis CoUedgeis and Hospitallis, the ruyne and decay of
the buildingis and edifices within the same, the neglect of the ordinar teiching
of the comelie and good ordour and constitutionis establischit within the
saidis CoUedgeis, alsweill be the fundatioun thairof as sensyne be the learned
and worthie professoris who hes borne charge thairin, sua that now the saidis
CoUedgeis and Hospitallis are broght to a miserable decay, the professoris ar
become cairles and negligent, the nomber of professoris and foundit personis
not fuUie compleite, and all goode ordour and governament within the saidis
CoUedgeis is become in contempt and disswetude." "-
To inquire into these alleged abuses a royal order, given at Newmarket,
21st March 1619, was issued appointing a commission of twenty-two persons,
including Alexander, Earl of Dunfermline, lord chancellor, Alexander, Lord
Elphinstone, the Master of Eiphinstone, and others. These were to visit the
colleges and hospitals and make the necessary investigations. They had
powers given them to make reforms, and they were to report to the privy
council on the whole subject.
1 Register of the Privy Council, vol. x. p. Tlie Annandale Family Book, vol. i. pp.
29. The story of the tragedy, which has been cl-clix.
often told, is fully narrated in the Book of - Register of the Privy Council, vol. xi.
Carlaverock, vol. i. pp. 310-324 ; also in pp. 547-9, 602.
VOL. I. 2 B
194 ALEXANDER, FIFTH LORD ELPHINSTONE, 1638-1648.
In 1G22, the Master of Elphinstone and Lord Elphinstone, his father,
took a step with reference to the land and barony of Elphinstone, the
explanation of which it is not easy to surmise. On 25th February they
entered into a contract with their kinsman John, second Lord Balmerino.
In terms of this transaction they, on 13th March 1622, gave a charter to his
lordship and his heirs-male of the lands and barony of Elphinstone, with
tower and fortalice, etc., the Halls of Airth, and lands of Carnok, etc.,
all in the shire of Stirling. The lands and barony were to be held
of the king as superior, and his lordship was to pay yearly for them
£200 Scots. Sir George Elphinstone of Blythswood was one of the
witnesses to the charter.^
This transfer of the barony which carried the name of Elphinstone
from the Elphinstone family in the main line never seems to have had
practical effect given to it. The contract referred to is not now forth-
coming. It might have indicated the circumstances which led the Master
and his father to think of parting with the barony. The step may have
been prompted to safeguard this cherished territory in view of the action
which at this time it was very evident Lord Mar was soon to take
about Kildrummy and the expense such an action might ultimately
involve them in.
A bond of manrent given by the Master and his father to James,
Marquis of Hamilton, towards the close of this same year, gives some colour
to the explanation above suggested. For this bond the Marquis took upon
him the protection of Lord Elphinstone and Alexander, Master of Elphin-
stone, Lord Kildrummy, and the maintenance and defence of their " righteous
and just title of the lands and baronie of Kildrummie . . . against the onjust
and rigorous persuit of Johne nou Erll of Mar," who " out of the awarice
and malice of his heart intentit the wrak, rouine and ouerthraue of ws, our
estait and posteritie, quhilk the said Erll be his plaices of credit and pouer
' Original charter, in the Kljihinstone charter-chest.
RATIFICATION OF BAKONY OF ELPHINSTONE, 1633. 195
in this state and kingdome, and meines of his freiudschipe, allyance and
wther sinister (sic) wayes wald easelie effectuat." ^
In 1626, the Master of Elphinstone and his father, from the adverse
judgment of the Court of Session in the action of Lord Mar against them,
found it necessary to surrender Kildrummy to his lordship, which they did
in an agreement with the Earl of Mar and Lord Erskine, his son, come to in
the same year. This agreement has already been described in the preceding
memoir of the fourth Lord.
Not until the year 1631 is there anything calling for notice regarding
the Master of Elphinstone. In that year he was named by the king
one of the Privy Council, to whom he committed "the whole adminis-
tration and government" of Scotland.^ In 1632 he was admitted a burgess
of Stirling.^
Being now deprived of Kildrummy and the large annual revenue which
it yielded, the yearly income of the Master was considerably circumscribed.
He applied to parliament to have his title to the lands and barony of
Elphinstone, etc., ratified. This was done by an Act of Parliament in favour
of him, his wife, Elizabeth Drummond, and the survivor of them, and the
heirs-male begotten between them ; failing whom, to the heirs-male of the
Master, bearing the surname and arms of Elphinstone, in fee, heritably, of
the lordship and barony of Elphinstone, with castle, tower, etc., conform to
charter under the Great Seal, dated 5th July 1608, which, with the precept
and sasine following thereon, the Act ratified.''
Measures were also taken to greatly lessen his expenses. Hitherto the
Master and his father had maintained separate establishments on an ex-
' Bond subscribed and also liolograph copy - The Earl of Stirling's Register of Royal
by Alexander, Master of Elphinstone, dated Letters, vol. ii. p. 509.
2 Extract of admission, in the Elphinstone
charter-chest.
at Holyroodhonse, 15th November 1622,
in Elphinstone charter-chest. The copy is
indorsed on the back, " The just copie of our
bond to James Marquis of Hammiltoun, ' 28th June 1633. Acts of the Parliaments
1622." of Scotland, vol. v. pp. 156, 157.
196 ALEXANDER, FIFTH LORD ELPHINSTONE, 1638-1648.
pensive scale. It was now decided that one establishment should serve for
both. To carry out this economic arrangement a contract was entered into
between them on 21st October 1633. Lord Elphinstone thereby received
the Master, Elizabeth Drummond, his spouse, and their daughters into
house, company, and society with himself. He engaged to love them,
and entertain them in meat, drink, coal, candle, etc., and also to be-
stow during his own lifetime upon the Master and his heirs the half of
all coals obtained on the lands of Elphinstone, and the half of all the salt
made on his lands, with an equal half of the profits from both. By an
inventory to be mutually subscribed, he agreed to deliver to the Master the
plenishing, silver-work, goods and gear within the place of Elphinstone.
These were to revert again to his lordship, if the Master predeceased him,
and to remain with the heir-male of the house of Elphinstone. The Master
was to sit with his lordship at the making of his accounts with tenants,
chamberlains, colliers, salters, etc., and receive a thorough understanding
of all his business and management.
In return, the Master bound himself to pay to Lord Elphinstone yearly
one thousand merks Scots, with the " custome fouUis of Airth and Hallis of
Airth," and to pay the half of all expenses incurred in connection with the
coal and salt works on the lands of Elphinstone. Both agreed to concur for
the welfare and standing of the house, etc.^
This contract, which does the parties to it great credit, was signed
both by the Lord and the Master of Elphinstone. The inventory pre-
pared of the plenishings within the place of Elphinstone gives a fair
idea of the mansion, its arrangement and furniture, and of the apartments
occupied by certain of the family. One of these is described as " My Lord
Sutherlaudis chalmer."
The years which follow immediately upon the period which has now
been dealt with up to tlie time of the death of the Master of Elphinstone,
1 Original coutract iu Elphinstone chaiter-chest.
SUCCEEDS HIS FATHER, ALEXANDER, FOURTH LORD, 1638. 197
who in the course of that time became Lord Elphinstoue, were of special and
far-reaching interest to the country. The events which transpired during
that time were very stirring. What is known in history as the Second
Eeformation was then effected. That revolution was the logical and fitting
outcome of what is called the First Reformation accomplished nearly eighty
years earlier. Together they secured to Scotland a liberty which has de-
scended through the intervening centuries to the present day. The Master
joined in the movement which culminated in the Eeformation. The part he
acted in this connection, as well as in the other public affairs of the country,
in the privy council, in parliament, in committees, and in commissions and
otherwise, will be seen in what will now be related.
In 1633, King Charles the First was crowned in Scotland, having come
from England for that purpose. In the year following his Majesty placed the
Master of Elphinstone upon two commissions. One of these was for audit-
ing the treasurer's accounts ; ^ the other was the Court of High Commission
for Scotland.2 This last commission was highly distasteful to the public, and
judging from the Master's subsequent actions it must also have been so to
him. There is no evidence that he ever took any part in the work of the
commission. Although little information is preserved about him at this par-
ticular time, he was doubtless actively engaged in the work of the country.
In January 1638, his father, Alexander, fourth Lord Elphinstone, died.
The following are references to his death : —
1638, February. " Item, peyit to the toun of Sterling for the weluit mort oloith
that was brocht to my lordis beriell, x lib."
" Item, on Fr[i]day the 17 of Februarii 1638 to your lordship to gif to the scherefF
deput and Jhon Willamson, clark in Sterling, for taking wp ana iuwentor of my Lord
Elphinstones silk eloithes, 7 dolloris at xiii lib x s." =
1 Commission given at Whitehall 9th 2Ist October 1634, Baillie's Letters, vol. i.
February 16.34. The Earl of Stirling's Re- pp. 424-428.
gister of Royal Letters, vol. ii. pp. 719, 720. ' Ibid. There is, in the Elphinstone
2 Commission given at Hampton Court charter-chest, an office copy of precept by
198 ALEXANDER, FIFTH LORD ELPHINSTONE, 1638-1648.
The Master now succeeded to the Elphinstone peerage, and became the
fifth Lord Elphinstone.
Lord Elphinstone was a member of the privy council when the Service-
Book and Book of Canons were sought to be imposed on the Church of
Scotland. The council, on 20th Februar}^ ratified the king's proclamation
re-enforcing the Service-Book.i His lordship was also present on 1st March,
when the council 'reasouned upon the causes of the present combustion
within the Countrie,' and declared 'that the cans of this melting is to
represent to his sacred Majestie the trew estat of the Countrie, be occasion
of the Service-Booke, Booke of Canons, and Hie Commission ; and to thinke
upon the best way how his Majestie may be satisfied in honnour, and the
peace of the countrie secured." =
At their next two sederunts, on 2ud and 3rd March, when he was
again present, the council with one voice declared that the fears of
the subjects regarding the Service-Book as being contrary to or without
warrant of the laws of the kingdom were the cause of the combustion ;
and resolved that it was expedient to urge the king not to press his
subjects in that matter in the meantime.^ In terms of this resolution, they
addressed a letter to the king, dated at Stirling, 5th March 1638. Lord
Elphinstone was one of those who subscribed the letter.*
King Charles, compelled to listen to the representations made to him,
agreed not to press the Service-Book, and granted a General Assembly, and other
concessions. The council wrote to the king acknowledging the concessions,
and his promise to forgive and forget the past. They also expressed their
the commissaries of Stirling to the sherifiF- stone collection in the Appendix to the Ninth
depute thereof to deliver to the executor of Report to the Historical Commissioners, p. 194.
Alexander, fourth Lord Elphinstone, the keys It is therefore unnecessary to give it here,
of certain coffers in the place of Elphinstone, ' Memorialls of the Trubles in Scotland
belonging now to his son, the fifth lord, on 28th (Spalding Club), vol. i. pp. 85-6.
ilarch 1638. The Inventory taken before the " BaiUie's Letters, vol. i. pp. 458, 459.
sheriff-depute of Stirling on 16th February = Vii'l. pp. 459, 460.
1638 is printed in the report upon the Elphiu- ^ IhiJ. p. 46?.
ATTENDS THE GENERAL ASSEMBLY AT GLASGOW, 1638. 199
satisfaction with the course he adopted. This letter, dated 22nd September
1638, is also subscribed by Lord Elphinstone.^
On the same day Lord Elphinstone and the rest of the council sub-
scribed the king's covenant.^ He also signed, with others, the council's letter
to the king intimating that they had done this.^
The General Assembly promised by the king convened at Glasgow on 21st
November 1638. Lord Elphinstone attended the whole of its sittings, as
sliown by an entry in his Household Book : —
" Item, your lordschip being in Glasco at the Assemblie betuix Tysdy at niclit the
2 1 of November till Fredey the last thairof, being x dayes, for your lordschipis ordinar
and your lordschipis compannie, conform to the particular comptis, xxxix lib. xix s." *
At the departure of the commissioner from the Assembly the council met
and agreed to thank the king for the promises his commissioner had given
to the Assembly in his name, and to issue a proclamation dissolving it.
Lord Elphinstone was present at the meeting, and signed the letter to the
king conveying the thanks of the council, and offering their lives and fortunes
in defence of his person and in maintenance of his authority.''
In the year 1639 Lord Elphinstone, with other five persons, were appointed
commissioners to hold the parliament which convened on 15th May 1639.
He attended its different sittings, and when, on 30th August, in terms of a
provision in his commission, the riding of parliament took place, he took
part in it. Balfour in his Annales remarks that this " was the last par-
liament held in the kingdome after the ancient forme, royall prerogatiue in
show being yet enteire." "
After 30th August, the Earl of Traquair, the king's commissioner, con-
1 Balfour's Annales, vol. ii. pp. 288-90. ^ Balfour's Annales, vol. ii. pp. 316-31S.
- Meraorialls of the Trubles, etc., vol. ii. Memorialla of the Trubles, etc., vol. i.
pp. 43, 44. p. 107.
3 Balfour's Annales, vol. ii. pp. 290-292. « Acts of the Parliaments of Scotland,
* Household Book, in Elphinstone charter- vol. v. pp. 247, 249-251, 255. Balfour's
chest. Annales, vol. ii. pp. 354-358.
200 ALEXANDER, FIFTH LORD ELPHINSTONE, 1638-1648.
tinued parliament from time to time until 14tli November 1639, because
articles were presented which he considered derogatory to the king's authority
and therefore necessary for him to refer to the king. On 14th November he
prorogued parliament until 2nd June 1640, and presented his order and
the king's commission to Lord Elphinstone and others to hold parliament,
dated 20th August 1639, for insertion in the books of parliament.^
On 2nd June 1640 parliament again met. Meanwhile Traquair was at
court. In his absence Lord Elphinstone received a letter from the king, dated
at Whitehall, 26th May 1640, intimating his resolution to prorogue parlia-
ment to the 7th of July following : and requesting him as a commissioner
to attend parliament and carry out this prorogation in terms of the powers
contained in his commission of 20th August 1639.-
The lords of council for the parliament were summoned by a macer for
prorogation of the parliament. On 2nd June, the day of the meeting of
parliament, only four appeared, among whom was Lord Elphinstone, who,
with the advocate and justice-clerk, made in all six, the required quorum
being seven. The king's warrant, dated 26th May 1640, commanding any
three or five of the commissioners to prorogate the parliament to 7th July
was produced and read. Thereafter the commissioners present were required
to attend at the parliament and fence and prorogate it. Lord Elphinstone
took the warrant and commission and read them by himself. He then de-
clared he was ready to do whatever was incumbent upon him as a loyal sub-
ject, but he could not accept the commission for fencing and proroguing the
parliament. His lordship said his commission only warranted him to con-
tinue the parliament, and also that the king's commissioner be present. The
advocate and justice-clerk urged that he had a more full warrant from the
king than any he could receive from Traquair. Lord Elphinstone, however,
replied that although the king's warrant was more than the commissioner's
' Acts of the Parliaments of Scotland, vol. v. pp. 254, 255.
- Original letter, in Elphinstone charter-chest.
COMMISSIONER FOR THE SHIEE OP STIRLING, 1640. 201
ill se, yet not in this case, where the king had devolved his power by com-
mission in favour of the Earl of Traquair as his commissioner. Other
arguments about the inconvenience his action would lead to failed to
move his lordship. Lord Napier raised the same difficulty as Lord Elphin-
stone, and was equally firm in standing to it.^ The intention of the court to
prorogue parliament was thus defeated.
In or about the year 1640, a commission was granted to the Earls of
Airth and Linlithgow, and Lords Kinpunt, Livingstone, and Elphiustone,
to be the king's lieutenants and commissioners within the whole shire of
Stirling. They had power to convene the people, horse and foot, armed,
and to pursue the king's rebels. The warrant for the commission is super-
scribed by the king, but the date is left blank.^
The relations between the king and his Scottish parliament did not
improve during this year. There was a general alarm and call to arms in
defence of religion and liberty. Charge was given by the committee of
parliament to raise a fourth part of the able-bodied men, and money to meet
expenses. Lord Elphiustone, to some extent at least, was involved in these
measures. Thus, in July 1640, he paid for "ane horis to carie the cannon ; "
and a month later money was given to " John Livingstun, sone to Castal-
karie, he being on of your lordschipis horis men going out for the comone
service, to furnis him horis and armes for the said service." Similarly
money was given to another person for the same service on the same day.*
In addition to furnishing men Lord Elphiustone had also to pay his
share of the tax imposed, as he paid in October of the same year, to one of
the collectors for the presbytery of Stirlingshire, " of the tent peney of the
voluntor coutrabition for your lordscliipis lands, iiij*^ lib." *
1 Certified Extract, in Elphinstone charter- Commission on Historical Manuscripts,
chest. p. 400.
2 Second Report on the Collections of the ^ Household Book, in Elphinstone charter-
Duke of Montrose.— Third Report of the chest. ^ Ibid.
VOL. I. 2 C
202 ALEXANDER, FIFTH LORD ELPHINSTONE, 1638-1648.
Lord Elphinstone was present in parliament in 1641, and was appointed
one of the assessors at the trial of Mr. John Stewart. He petitioned to
be freed from this duty, saying " that his conscience would not suffer him
to sit as a judge, as he was descended to my Lord Argyle ; " but without
success.!
He served upon several committees of parliament during this year, and
was present with Lord Balmerino at the riding of parliament. He also
attended parliament in the subsequent years, 1644 and 1645, was placed
on the commission for the plantation of kirks and valuation of teinds,
and served in other capacities.^ In 1647, the year before his death, he
attended parliament and served on the committee of war for Stirlingshire.^
In 1645 he was granted a protection by General David Leslie, commander-
in-chief of the forces in Scotland, securing him against molestation in the
lands of Elphinstone, Airth, Craigorth, and others.*
In the same year Lord Elphinstone entered into a contract with his
wife. Dame Elizabeth Drummoud, who therein renounced her liferent of the
fourteen oxengate of lands of the Hill of Airth, reserving her liferent of
the lands then occupied by Patrick Hayginis. Lord Elphinstone, on his
part, disponed to her in liferent the lands of Craigforth with fishings in the
Water of Forth, to be held of him or his heirs-male in free blench, etc. He
also constituted her assignee to the teinds of these lands during her lifetime.
He undertook to provide yearly for her use twelve chalders of coal with
six bolls of salt, to be carried to the burgh of Stirling for her so long as
coal was worked in Elphinstone, or else to refund the expense she might be
put to in obtaining the same. He further warranted these and the lands
formerly disponed to her, and now reserved, to be worth yearly thirty
chalders victual, besides the " keanis " and customs thereof.* On the same
' Acts of the Parliaments of Scotland, vol. V. ^ Glasgow, 22nd October 1645. Original
pp. 314, 315. in Eljjhinstone charter-chest.
'■* Ibid, passim, ^ Ibid. p. 325. * Original contract in duplicate, ibid.
LETTER OF WILLIAM DRUMMOND OF HAWTHORNDEN, 1639. 203
date his lordship granted to Lady Elphinstone a charter of Craigforth for
her life.i
One distinguished correspondent of Lord Elphinstone was William
Drumnaond of Hawthornden, whose family was connected with that of
Elphinstone by marriage. The poet wrote a characteristic letter to Lord
Elphinstone, addressing him as Lord Kildrummy.
"Lythgow, 15 of October, 1639.
" My Lord, heere yee liaue the essaye of that piece your lordship desired mee to
translate. It is in those sorte of rimes that the originall is. Many verses haue a
grace in one langage and loose it in another. Some Latin is but shallow in English.
I am assured no thing wanteth heere of the sense, and if there be any addition it is to
make them keepe the English measures. The best translations showe vs but (as in
goldsmythes shopes) jewelles through glasse. I had rather make twentye free lines ere
I translated ten. And I admire translatoures, like men capring in fetters. I request
your lordship to pardone the imperfectiones of this translation, for if your lordship had
not desired mee, and your desire was an absolute commandement, I would neuer
stumbled on any translation. But what could not your lordship's letter moue him to
vndergoe, who is allwayes deuoted to seme your lordship,
^-hCr^
^ ; .' Q^^
i/iJi/\AJi/l/>~4!>
icct-
"To the right honorable and my verye good lord, my Lord of Kildrummye."^
Lord Elphinstone died on 27th August 1648. Of the marriage between
his lordship and Dame Elizabeth Drummoud there was issue, according to
the Birthday Book, four sons and six daughters : —
1. Alexander Elphinstone, the eldest son, was born 6th June 1608. He died in
the third year of his age.
2. James Elphinstone was born on 3rd June 1609, and died young.
' Original charter and sasine, in Elphinstone charter-chest.
- Original letter, ihid.
)4 ALEXANDER, FIFTH LORD ELPHINSTONE, 1638-1648.
3. Alexander Elphinstone was born on 18th September 1612, and died young.
4. John Elphinstone was born on 8th June 1619, and died in the second year of
his age at Elphinstone.
5. Jeane Elphinstone was born Sth April 1611, and died unmarried after 1630,
when she is mentioned in the Household Book as alive.
6. Lilias Elphinstone was born on 24th November 1613, and was married.
7. Elizabeth Elphinstone was living in 1633, as stated in the Household Book.
8. Mary Elphinstone was born on 12th January 1621, and died young.
9. Isobel Elphinstone was born 16th June 1623, and died young.
10. Anna Elphinstone was born on 18th July 1625, and died young.
^Zj^t,2. ^eMziP y^^^,^^^^ ^^c^
XVI.— Alexander, sixth Loed Elphinstone.
LiLiAS Elphinstone, Lady Elphinstone, his Wife.
1648-1654.
James Elphinstone of Barnis, the father of this Lord Elphinstone, was
the second son of Alexander, fourth Lord Elphinstone. He was "borne
in Kildromie the 20th of November 1580," as shown in the memoir of his
father, the fourth Lord. The two marriages of this Elphinstone laird of
Barnis, and his children, one son, Alexander, afterwards sixth Lord Elphin-
stone, and two daughters, are all fully described there. It is therefore
unnecessary to repeat the particulars in the present memoir.
Owing to the early death of all the sons of Alexander, fifth Lord Elphin-
stone, Alexander Elphinstone of Barnis became the heir-male and of entail
of the territorial barony, as well as of the peerage of Lord Elphinstone,
which was created in favour of the heirs-male of the first Lord by King
James the Fourth.
Alexander, fifth Lord Elphinstone, Lord Kildrummy, was chosen to be
one of the curators to his nephew, the youthful Alexander Elphinstone of
Barnis. Certain lands in the district of Kildrummy, acquired by James
Elphinstone, first of Barnis, in his own right, did not fall within the claim
of the Earl of Mar in 1626. On the contrary, they descended to his only
son, Alexander of Barnis, and were his heritable property in 1640-1644.
Very soon after coming of age a marriage was arranged between Alex-
ander Elphinstone of Barnis and his cousin, Lilias, only surviving daughter
of Alexander, fifth Lord Elphinstone. The contract was entered into at
Elphinstone, on 14th November 1645, between Alexander Elphinstone of
Barnis, on the one part, and Mistress Lilias Elphinstone, with advice and
consent of her noble parents, and with consent of other honourable and
206 ALEXANDER, SIXTH LORD ELPHINSTONE, 1648-1654.
noble friends ou the other part. Lord Elphinstone engaged to iufeft Lilias,
his daughter, in liferent, after the decease of her parents, in the Halls of
Airth, with fishings, etc., the seven and a-half oxengates of the Halls of
Airth, in the shire of Stirling, and other lands. These lands Lilias accepted
in satisfaction of all further liferent, conjunct-fee, or terce of lands and
heritages she might crave by the decease of her future spouse.
In return for this, Lilias Elphinstone, with consent of her future spouse,
renounced former provisions made to her by her father, and especially an
annual rent of 2200 merks out of the barouy of Elphinstone. Seeing that
the estate and living of Elphinstone were provided to the heir-male, so that
if only daughters were born of this marriage they would be secluded from
succession to that estate, Alexander Elphinstone of Baruis engaged to pay
them certain sums of money. They were thereupon to renounce to the heir-
male aU right they might have as heirs of line to their father or any of
his predecessors, they being freed of debts incurred by them as such or
because of these deeds. Lord Elphinstone engaged to keep, maintain, and
entertain Alexander Elphinstone of Barnis and Mistress Lilias, his promised
spouse, and their children, in his house and family during his lifetime, and
to furnish them in all necessaries, as his own children. Alexander Elphin-
stone of Barnis in return undertook to sell whatever lands he had within
the kingdom to the best advantage, and to apply the price for defraying
the burdens upon the House of Elphinstone.^
On the date of the contract, and in fulfilment of the provisions con-
tained in it. Lord Elphinstone granted a charter to Lilias Elphinstone, his
daughter, of the Halls of Airth, and other lands above mentioned. Also on
the same day Lord Elphinstone made a backbond in favour of his daughter
Lilias, reinstating her in her liferent right out of the lands of Elphinstone,
if she and her mother were alive together after the decease of Lord Elphin-
stone and Alexander Elphinstone of Baruis.
' Origiual ooutract in Elpliinstoiie charter-chest.
SUCCEEDS TO THE PEERAGE AND ESTATES, 1G4S. 207
During the remainder of the lifetime of Lord Elphinstone, his nephew
and successor was styled " Master of Elphinstone," as the heir-apparent to
the peerage, his lordship being now at the same time both his uncle and his
father-in-law. Under the designation of Alexander, " Maister of Elphing-
stoune," heritable proprietor of the lands aftermentioned, he granted, at
Kildrymie Castle on 6th August 1646, first a bailliary to Alexander Eeid
in Newbigging of his lands in Corgarffe, Ardhunchar, and Brigend, in the
barony of Kildrymie, and then a warrant to him to uplift from his tenants
in Corgarffe and Kildrymie his termly maills, kaynes, and customs from
his wadset lands in the barony of Kildrymie, till Eeid should be dis-
charged from the office. In both cases the signature of Alexander is,
" A. Mr. Elphinston." i Lord Elphinstone and the " Master of Elphing-
stoune" were in 1647 and 1648 both on committees of war for the shire
of Stirling.2
On the death of Alexander, fiftli Lord Elphinstone, on the 27th of August
1648, his nephew and heir-male, styled either Alexander, Master of Elphin-
stone, or Alexander Elphinstone of Barnis, inherited the peerage of Elphin-
stone, and became Alexander, sixth Lord Elphinstone. He was known and
recognised as such by all parties interested. He also succeeded to the territorial
barony of Elphinstone, and other lands invested in the heirs-male of the
Elphinstone family. The territorial barony of Elphinstone was situated in
the counties of Stirling and Perth ; and as a step towards completing his
feudal title to it, the new lord expede a service in the sheriff court of
Stirling on the 8th of November 1649. Besides the sheriff of Stirling, there
were present a number of the county noblemen and gentlemen connected
with the Elphinstone family and with the district, including John, Lord
Erskine, eldest son of the Earl of Mar, Sir William Livingstone of West-
> Old copy of these two bailliaries, in Elphinstone charter-cliest.
2 26th March 1647 and ISth April 1648. Acts of the Parliaments of Scotland, vol. vi.
part i. p. SI 3, aud part ii. p. ,i-2.
208 ALEXANDER, SIXTH LORD ELPHINSTONE, 1648-1654.
quarter, knight, Sir Robert Elphinstone of Quarrell, knight, and others.
The retour bears that Alexander, Lord Elphinstone, uncle of Alexander,
Lord Elphinstone, bearer of the retour, died last seised in the lauds, lord-
ship, and barony of Elphinstone, with castle, tower, and fortalice, the Halls
of Airth, the superiority of Powfowlles, the quarter of the lands of Airthbeg,
the lands of Bannockburn, with one bovate of land in the hill of Airth,
called " lie Eoishill," the lands of Quarrell, Carnock, Pleane, and Polknaif,
Gargunnock, with castle, etc., in the shire of Stirling, Pendreiche in the shire
of Perth, and half the lands and barony of Calder in special warrandice of
the Halls of Airth, all erected into the Lordship and Barony of Elphinstoun ;
also in the lands and Barony of Airth and others. Tlie retour further bears
that Alexander, now Lord Elphinstoun, is lawful and nearest heir-male,
ratione talliae, of the late Alexander, Lord Elphinstone, his uncle, in the
foresaid lands, etc., that^he is of lawful age, and that the said lordship and
barony have been in the king's hands as superior continuously since the
decease of Lord Elphinstone, who died on 27th August 1648, for the space
of one year and two months, in default of the heir prosecuting his lawful
right.i
Soon after the succession opened to the sixth Lord, Dame Elizabeth
Drummond, Lady Elphinstone, widow of the fifth and mother-in-law of the
sixth Lord, entered into a new arrangement with the latter as to her jointure
lands of Craigforth and Halls of Airth. Under that arrangement her
ladyship, who is called throughout " Old Lady Elphinstone," agreed to live
with her son-in-law, the new Lord Elphinstone, and Lilias Elphinstone, her
daughter. Her son-in-law was authorised to uplift the maills of the Halls
of Airth, while he engaged to pay the duties due from them and from her
ladyship's other lands of Craigforth.'^
The engagement entered into by Alexander, fifth Lord Elphinstone, and
1 Ketours, Supplement, vol. H, folio 101 ; also official extract in Elphinstone charter-chest.
- Original contract, dated 10th May 1650, ibid.
PLACED ON PARLIAMENTARY COMMITTEES. 209
Alexander Elphinstone of Barnis, related in the contract of marriage, to
infeft Lilias Elphinstone in certain lands, had up to the time of the death of
the Dowager Lady Elphinstone, never been carried out. This had been
deferred, partly, as explained by the sixth Lord, because a part of the lands
was liferented by her ladyship, and partly by the " oversight and neglect of
me, that the samine wes not done; and pairtlie be the said Dame Lilias
her oune oversight, that did not desyre the samen to be done." The
oversight was now remedied by a bond of provision given by Lord Elphin-
stone to Dame Lilias, his wife. That bond narrates that seeing " her father,
my unckle, and to whom I succedit as air of tailzie ; " and by his wife,
to whom he makes the provision "during her lyftyme, seeing that she is
the only lawful! daughter of the said deceist AUexander, Lord Elphin-
stone, my father-in-law, to whom I have succeided to his haill estaite and
leiveing as air forsaid, and be my marriage with her," he therefore bound
himself to infeft her in liferent in his lands and baronies of Elphinstone
and Craigforth, Halls of Airth, seven and a half oxengate of lauds of the
Halls of Airth, and others.^
Alexander, sixth Lord Elphinstone, has not been recorded as taking any
striking part in the public events of his time. By the Scottish parliament,
on 8th March 1649, he was selected as one of a numerous committee for the
revaluation of the sheriffdom of Stirling.^ In these Acts he is uniformly
designated Alexander, Lord Elphinstone. In King Charles the Second's
parliament, held at Perth, Lord Elphinstone was added along with the
Earl of Panmure and others, to the committee of Estates, as one of the
barons. The committee had been appointed first on 30th December 1650,
and by their advice the king was to govern the kingdom.^
Notwithstanding Lord Elphinstone's slight connection with the politics
' Original bond, dated 21st April 1654, ^ Acta of the Parliaments of Scotland,
and notarial copy, made 20tli March 1671, vol. vi. part ii. p. 243.
both in Elphinstone charter-chest. ^ 3ijjt March 1651, ibid. p. 66.?.
VOL. I. 2d
210 ALEXANDER, SIXTH LORD ELPHINSTONE, 1648-1654.
of Ids time, he was in principle a loyalist. Under Oliver Cromwell's " Ordi-
nance of Pardon and Grace to the People of Scotland," issued on 12th April
1654, he thus appears as being fined, — "Lord Elphinstone, one thousand
pounds sterling."' In hopes of having this heavy fine reduced, Lord Elphin-
stone prepared a petition to the Protector's commissioners for fines, repre-
senting that he was conscious of his own innocence as to acting anything
against the commonwealth of England, that he had no accession to the home-
bringing of " Charles Stewart," that his losses in these times had been ex-
ceeding great ; and praying to be wholly discharged of the fine. Along with
this petition are draft and unsigned certificates to prove that he did not sit
as a member of the committee of the shire of Stirling, and that he had no
chaige of the war in the shire.
These certificates are dated in 1654, and seem to have been prepared liy
Lord Elphinstone himself to be subscribed and presented to the commis-
sioner. From the interlineations on the petition, and the indorsation of
11th June 1655, the petition appears not to have been presented till
after his death, which occurred in 1654.^ The petition was so far suc-
cessful that the fine was reduced to a third of the amount in the course
of the following year.
Alexander, sixth Lord Elphinstone, died at his own house of Elphiu-
stoune on Thursday, 26th October 1654.^ He was no doubt interred
soon thereafter in the Elphinstone aisle in the parish churchyard of Airth.
' Acts of the Parliaments of Scotland, vol. vi. part ii. p. 820*.
2 Scroll petition and certificates, in Elphinstone charter-chest.
3 Birthday Book, ibid.
0hij/lH^(n4
XVI. — The Honourable Lilias Elphinstone, wife of Alexandeh,
SIXTH Lord Elphinstone.
1648-1675.
Lilias Elphinstone was the daughter of Alexander, fifth Lord Elphin-
stone, and Dame Elizabeth Drummond, his wife. Her birth is recorded in
the Elphinstone Birthday Book in these words : " Lilias Elphinstoun wes
borne the 26 of November 1613, who was maried.''^ Of the numerous
children born to her parents she remained at the time of her majority in
1635 the sole survivor.
In the family Household Books entries occur relating to Lilias. The
accounts written by her father in 1629-1633 mention purchases made for her
of " Shifroun gluifs," green silk, and a New Testament and the Proverbs,
all in 1630. On New Year's day 1633 she received from her father "ane
dolour, Iviij s.," her sister, " my dochter Elizabeth," only receiving xxix s. A
later Household Book under the year 1637 notes payments made to Lilias for
various purposes. The following may be given. On 2nd January " to gif
in hansell to sundrie of the servandis ; " ten days later " to play at the cardis
in Quarrel ; " in April no object in giving is stated, but simply " Item to
Lilias and Elisabath Elphinston ;" and, on Sunday, 21st April, " to gif to the
br'oid att the Kirk of Boithkener," her father being there at the communion.
As soon as Lilias Elphinstone reached her majority in 1635, a provision
was made for her by her father of 2200 merks yearly out of the lordship
and barony of Elphinstone. She received sasine of the annual rent in the
Close of Elphinstone. It proceeded on a charter granted to Lilias, as their
only daughter, by her father, with consent of his wife. The charter was also
with consent of John, Lord Balmerinoch, for any right he could claim to
the lauds. It reserved the liferent to the grauter and his spouse, aud sus-
' Elphiustoue Birtbclay Book.
212 THE HONOURABLE LILIAS ELPHINSTONE, 1648-1675.
pended payment during their lifetimes. It was also under reversion to
the granter on payment of a Scottish angel of gold, or 10 merks Scots, in the
parish church of Airth, or to the heirs-male of his body, on payment of
£10,000 Scots, or to his heirs-male and of entail, on payment of 22,000
merks Scots. The provision was made that Lilias should not marry vyithout
her father's consent in his lifetime, or after his death without consent of
John, Earl of Perth, Eobert, Earl of Eoxburgh, Alexander, Lord Elphin-
stone, John, Lord Balmerinoch, or any two of them, the Earl of Perth being
always one.^
In 1648, her father, the fifth Lord Elphinstone, died. It was then
deemed expedient to make up titles in favour of the Honourable Lilias
Elphinstone as his only surviving child. The service of Lilias was expede
on the same date on which the sixth Lord was retoured heir-male of his
uncle, the fifth Lord, and by the same inquest, with John, Lord Erskine, at
their head, in the court of the sheriffdom of Stirling, and before the sheriff-
depute. Alexander, now Lord Elphinstone, appeared for himself and in
name of Dame Lilias, his lady, and produced a brief duly executed, with
a claim desiring Dame Lilias Elphinstoue, his lady, to be served heir of line
in general to Alexander, Lord Elphinstone, her father. No objectors
appearing, the sheriff-depute submitted the claim to an inquest of the same
persons who attended the service of the sixth Lord. These in one voice,
by Sir William Livingstone of Westquarter, their chancellor, served affirmative
Dame Lilias Elphinstone as nearest and lawful heir of line in general to
the late Alexander, Lord Elphinstone, her father.^
On the death of her husband in December 1654, Lady Lilias was left
with a youthful family, Alexander, John, James, and Anna Elphinstone,
all minors. Alexander, the eldest, who had now become seventh Lord
' Sasine, I2tli January 1635, in Elphinstone charter-chest.
- Extract from sheriff-court books of Stirling ; also original extract of service, both
dated 8th November 1649, ihvl.
SIR ROBERT ELPHINSTONE OF QUARRELL, TUTOR. 213
Elphinstone, was only in tlie seventh year of his age. He was left in the
care of his mother, his father not having nominated either tutors or curators.
Alexander Elphinstone of Warthill, in Aberdeenshire, claimed to be the
nearest male relation of age on the father's side, with right to the office
of tutor. His claim was admitted. But there occurred practical questions
with which Lilias, the Dowager Lady Elphinstone, had to deal, which intro-
duced disagreement between them. A paper was drawn up on 5th April
1655, intituled " Over tours for agriement betuixt the Laird of Wartle and
the Ladie Elphingstoune, in order to the Tutorie."^ These, however, failed
to unite parties, and shortly afterwards Alexander Elphinstoun of Warthill
renounced the tutory, chiefly "in respect my estaite and liveing doeth ly
farr remot and distant from the saidis minoris." ^ Sir Eobert Elphinstone
of Quarrell, the next agnate, was appointed by Oliver, Lord Protector, to be
tutor, and held the office for several years.^ But his administration, and
litigation with Lady Elphinstone, will be fully narrated in the memoir of
Alexander, seventh Lord Elphinstone.
The marriage of her son, Alexander, seventh Lord Elphinstone, to Anna
Burnet, daughter of Alexander Burnet, archbishop of Glasgow, and after-
wards of St. Andrews, on 10th September 1667, necessitated new family
arrangements for provision to the wife and children, and also to Lord Elphin-
stone's only surviving brother and sister. This was accomplished by a bond
by his lordship, with consent of his curators. The bond narrates that Lady
Elphinstone, his mother, for the weal and standing of his house and family,
and to the effect that her other children might be the better provided, had
paid three thousand two hundred merks Scots, and other sums due to the
creditors of her son ; she had also in the contract of marriage between his lord-
ship and Anna Burnet, for the causes foresaid, disponed to his lordship 5000
■ Original overtures, in Elphinstone charter-chest.
- Renunciation, dated at the Miltone of Wartill, 28th April 1655, ibid.
2 Original gift of tutory, dated 15th June 1G55, tliid.
214 THE HONOUKABLE LILIAS ELPHINSTONE, 1648-1675.
merks. Lord Elphinstone therefore bound himself, with consent of his cura-
tors, to pay to Anna Elphinstone, his sister-german, and the lawful heirs of
her body, whom failing, one-half of the sum to John Elphinstone, his brother-
german, and his future lawful heirs, and the other half to return to himself
and his heirs, and failing heirs of John Elphinstone, the other equal half
also to return to Lord Elphinstone and his foresaids, of 10,300 merks
Scots. The bond contains other provisions in favour of Anna Elphinstone,
his sister-german.' Other bonds of relief to his mother were granted about
the same time.
Lilias, Dowager Lady Elphinstone, made further family provisions towards
the close of her life. At Elphinstone, on 27th January 1668, she made her
testament, being then whole of body and mind, and of sound judgment and
memory. She nominated Alexander, Lord Elphinstone, her son, her only
executor, and made provisions in favour of her second son, John, and her only
daughter, Anna. She recommended her special friends, John, Lord Bal-
merinoch, Charles Maitland of Halltown, and Mr. John Eleis of Eleistowne,
elder, as overseers and advisers, to see her will and her younger children's
provisions faithfully attended to. She likewise recommended her younger
children to take the advice of these, her faitliful friends, and to entertain
peace, amity, and love amongst themselves.^
After the death of Alexander, seventh Lord, and the succession of her
second son, John, eighth Lord Elphinstone, to the Elphinstone peerage, in
May 1669, Lady Lilias continued her care of the estates and family. She
made her son her assignee to a bond by Sir Eobert Elphinstone of Quarrell,
knight, and relative writs.^ She also renounced in his favour her liferent
■Original bond, dated 10th September dated 2Stb and 29th June and 1st July 166S,
16C7, in Elphinstone charter-chest. etc., her eldest son being alw.ays styled Lord
2 Original testament, ibid. There are also Elphinstone in her lifetime,
preserved in the Elphinstone charter-chest
several other writs of a testamentary and ' Original assignation, dated at Elphiu-
provisional nature in favour of her children, stone, 6th July 1670, ibid.
PORTRAITS OF LILIAS, LADY ELPHINSTONE, ETC. 215
rights, and any other right she had to the lands and estate, receiving a bond
from him, and Charles Maitland of Haltoune, liis Majesty's treasurer-depute,
as security, for a yearly payment of 4000 merks Scots.^ Lady Elphinstone
had the satisfaction of seeing her daughter Anna happily married to Walter,
Lord Torphichen.2
Towards the close of her life, Lady Elphinstone had portraits painted
both of herself and of several members of her family. The account for
these is as follows : —
" Item, to Mr. Caruduse for my lord Elphinstounes portraits with
frame, 3 libs 10s. sterline.
" Item, for my lady Tarfichans portraitte with the frame, thrie lib. a. d.
pounds tene shillings sterline. (126 0 0
" Item, for my ladie Elphinstouns portrait with the frame, thrie
punds 10s. sterline."
In the collection of Elphinstone family portraits there is one marked of
Lady Lilias, and of her son John, the eighth Lord. These are probably the
two Elphinstone portraits in the account. They are reproduced in this work.
Lilias, Lady Elphinstone, lived to an advanced age, and died in the year
1675. A brief notice of her death occurs in the register of burials for the
parish of AirtJi : —
"Sabbath, November 21, 1675.
" This day the minister intimating publickly that my Lord Elphingstone, having
given 20 shillings to the poor of the paroch at his mother, the old Lady Elphingstone
her death." ^
The interment of Lady Lilias was no doubt in the Elphinstone family
burial aisle in the churchyard of Airth. But after the lapse of a number of
years her body was exhumed, and transferred to the Torphichen burying-
ground, in Calder parish.*
1 Copy of bond, dated at Edinburgh, 23rd March 1671, in Elphinstone charter-chest.
- Marriage contract, dated 7th April 1671, ibid.
3 Extract from Parish Registers of Airth, jVi/i^
* Letter, Lord Torphichen to John, eighth Lord Elphinstone, dated 7th November 1/05, ihiil.
Children of Alexander, sixth Lord Elphinstone, and Lilias Lady
Elphinstone, his wife.
1 . Alexander, seventh Lord Elphinstone, of whom a memoir follows.
2. John, eighth Lord Elphinstone, of whom a memoir follows.
3. "James Elphinstone wes baptized at Airth upon thirtie one day of July, the
yeare of God, ane thousand six hundrethe fyftie and one." In another
hand, "Died 26 March, being Monday, 1666." ^
1. Anna. The following is the entry in regard to her in the Birthday Book :
" Anna Elphinstone wes baptized at Aeirth upon the tuentie and two of
Junii, the yeare of God ane thousand six hundreth fourtie and eight." In
another and later hand, apparently of John, eighth Lord Elphinstone, the
following addition is made : " and marled to Walter, Lord Torphichen, and
bore him severall childrine, and left beheind hir one sone named Walter."
Anna Elphinstone married Walter, sixth Lord Torphichen. The marriage
contract is dated at Edinburgh, 7th April 1671. The contracting parties
are Walter, Lord Torphichen and Calder, on the one part, and Mistress
Anna Elphinstone, only sister to John, Lord Elphinstone, and the said Lord,
and Dame Lilias, Lady Elphinstone, her mother. The bride was to be infeft
in liferent in the barony of Torphichen. Lord Elphinstone was to pay as
tocher with his sister 18,000 merks.'
' Birthday Book in Elphinstone chart
2 Original contract of marriage, ibid.
;er-chest.
XVII. 1. — Alexandek, seventh Lord Elphinstone.
Anne, daughter of Alexander Burnet, Archbishop of Glasgow, after-
wards Archbishop of Saint Andrews, his wife.
1654-1669.
Alexander, seventh Lord Elphinstone, was the eldest son of Alexander,
then Master of Elphinstone, afterwards sixth Lord, and Lilias, Mistress of
Elphinstone, his wife. His baptism in the Kirk of Stirling is thus recorded
in the Session Books ; —
" Vpon Tuysday, the 30 of March 1647 yeires, Alexander, inaister of Elphinstoue,
haid a sone, procreat betuixt bira aud Lilias, mistres of Elphinstone, named Alexander,
who wes baptized in the Kirk of Stidine, the forsaid day aud yeire, before these
witnessis, Johne, Earle of Marr, George, Lord Stranevir, Johne, Lord Erskyne, aud
Alexander, Lord Elphinston. The which to be of veritie is witnessid by tliese.
Extractit furth of the Register of Baptismes of the cougregatioun of Stirline be me,
William Meiklejohne, clerk to the sessioun aud keipar of the said register, as witnes
this my subscriptioun manuall. — W. Meiklejohne." ^
On the death of his father, the sixth Lord, on 26th October 1654, his eldest
son being only seven years of age, required the care of a tutor. The nearest
agnate on the father's side was Alexander Elphinstone of Warthill, in the
county of Aberdeen, who, however, renounced the office of tutory, for various
reasons stated in his formal renunciation.^
The renunciation of Warthill opened the way to Sir Eobert Elphinstone
of Quarrell, knight, who was appointed tutor-dative by Oliver Cromwell,
Lord Protector. The deed of appointment states the renunciation by Alex-
ander Elphinstone of Warthill, " quho sould have succeidit as tutor in law
1 Original extract in Elpbinatoue charter- hmulreth fourtie and seviue." [Birtbilay
chest: "AIe.\auder Eljihinstoue, now lord, Book, iiu/.]
wea baptized at Sterling upon the 30 day of - Origiual renunciation, dated at the Alilton
March, the yiere of God ane thousand six of Wavtliill, 2Stli April 1C55, ihid.
VOL. I. 2 E
218 ALEXANDER, SEVENTH LORD ELPHINSTONE, 165i-1669.
to him," of the said office, "in favours of Sir Koberfc Elphingstoun of
Quarrell " ; and appoints the latter as ruler, guider, and governor to him, of
his lands and heritages, constituting him tutor-dative to the minor ; with a
provision that when the minor came to lawful age, Sir Robert should make
count, reckoning and payment to him and his nearest friends, of his whole
intromission with the premises.^
The inquest for Lord Elphiustoue's retour as heir of his father, Alexander,
the sixth Lord, was held in the tolbooth of Stirling by Sir William Bruce of
Stenhouse, knight, one of the sheriffs-principal of the sheriffdoms of Stirling
and Clackmannan. The inquest found him heir to his father in the lands
and barony of Elphinstone, lauds and barony of Airth, etc., in the shire of
Stirling, including Pendreich in the shire of Perth, etc. ; and of lawful age by
reason of a dispensation contained in a charter to Alexander, (fourth) Lord
Elphinstone, whereby his heirs-male and successors might be served at any
time of their age to the barony of Elphinstone. In the retour his father is
stated to have died in the month of December [October] 1654.=
The Elphinstone estate being much burdened with debt, the tutor and
friends of the family resolved to sell part of it, in order to save the remainder.
For this end the friends of the Elphinstone family who were directly in-
terested entered into a contract of sale and conveyance. The parties to this
contract were Alexander, seventh Lord Elphinstone, with consent of Sir
Robert Elphinstone of Quarrel!, knight, his tutor dative, and of Dame Lilias
Elphinstone, Lady Elphinstone, his mother, on the one part, and Captain
Alexander Bruce of Airth, on the other part. The preamble states on the part
of the friends of Lord Elphinstone, that " his lands of Elphinstoun are
affected with great debts and burdens," and that there was no possibility
' Original letter of tutory-dative in Elphinstone charter-chest. It bears to be given
uuder the hand of the Director of Chancery, at Edinburgh, 15th June 1655.
- Exti"act retour, dated 30th May 1055, in Elphinstone charter-chest. Also Printed
lletours, Stirlingshire, at date.
LETTER OF JOHN, THIRD EARL OF PERTH, 1657. 219
of subsistence without a speedy sale of a great part thereof, to preserve the
remainder. It further states that Captain Alexander Bruce, out of his
tender respect for Lord Elphinstone, was willing to accept of a disposition
of the lands undermentioned. They, therefore, sold to him that part of
the lands of Airth acquired by Alexander, fourth Lord Elphinstone, and by
Alexander, then Master of Elphinstone, his son, from Sir John Bruce of Airth,
benorth the Pow of Airth, as therein described. The contract narrates that
Captain Bruce had already acquired the half of the lands bought by the
Earl of Linlithgow. The price of the lands sold was " threttie-aught
thousand twa hundereth merks, Scotts money." ^
About the time Sir Eobert Elphinstone of Quarrell entered on his tutory,
he made a contract with Lilias, Lady Elphinstone, whereby she restricted
herself to £100 sterling a year, for herself and her younger children, and
gave over the management of her liferent lands to the tutor, who was to
endeavour to pay the debts of the family.-
Lady Elphinstone and her friends naturally wished to get count and
reckoning from the tutor of his receipts and expenses from the estate.
Among others appealed to for the purpose of assisting her, was her uncle
John, third Earl of Perth, who wrote to his kinswoman as follows : —
" Madam, According to the desyr of your ladyship's letter, I have sent heirwith
such a warraud as we your friuds heir ar able to give, for taking the accompts of your
ladyship and sonnes estat, quhich I am certane the tutor nor no other intromettour will
refuise, since it is both just and Eequitable. The lord Cowper sent me word that he
wes to be in Edinburgh sohortlie, at quhich time he hopped to sie yow ; and I am
certane will contribut his best indevors for the standing and good of that familie,
quhairin he acknowledges himselff much interessed. So as I doubt not bot ye will
give him a meiting in all dewtifull respects, since it is liklie, at least thair is verie
good resson, that he preferr your children to his estat, if God give him not aires of
his owne. Your ladyship may mak your best wse of this my frindlie advertisment ;
' Original contract of sale dated 15th stone charter-cheat. It is there said to have
October 1656, in Elphinstone charter-chest. been destroyed by mutual consent in 1659,
- Contract mentioned in papers in Elphin- when the new agreement was made.
220 ALEXANDER, SEVENTH LORD ELPHINSTONE, 1654-1669.
and belive none shall be mor readie to doe j'ow all the good offices that lyes in my
power, as being your ladyships most aflfectiouat oucle and servant, Perthe.
" I haue sent to your ladyship that notte wich wes drawin wp in this hous at your
heir-being, concerning the freinds opinion anent the managing of the affairs of your
sons esteat, wich will serue to testifie our advyce at thatt tym, in caice your ladyship
iiaue no double therof by yow, together with the lord Coupers letter to the lard of
Querrell.
"Stobhall, the 17 February 1657.
" For the richt honorabill my ladie Elphingstone, thes." ^
On the same day the Earl wrote to Sir Eobert Drumniond of Meidope,
kuight, informing him that he had sent the warrant to the Lady Elphinstone,
and doubts not, since the commission was directed to Meidhope and Mr.
James Cunninghame, " ye will be careful to sie these erands go richt ; " and
says that " if we had farther power to testifie our goodwill towards that
house, it suld not be mislipned." ^
These attempts of Lady Elphinstone and her friends succeeded so far
that Sir Eobert, in 1659, entered into another contract with her ladyship. He
agreed to renounce his office of tutor, " and to make count, reckoning, and
payment of all his intromissioune thairwithe," under the penalty of 2000
merks.^ But the settlement of Sir Eobert Elphinstone's accounts was not
finally arranged till the year 1681, when his estate was found debtor to Lady
Elphinstone and Alexander, Lord Elphinstone, her son, in 24,000 merks,
which were ultimately paid to John, the eighth Lord Elphinstone, to whom
his mother had assigned her rights.*
Alexander, the seventh Lord Elphinstone, married Anne Burnet, eldest
daughter of Alexander Burnet, then Archbishop of Glasgow, and afterwards
of St. Andrews. The contract of marriage was made between Alexander,
Lord Elphinstone, and Lady Elphinstone, his mother, with consent of the
1 Original letter in Elphinstone charter- ^ Copy of contract, dated at Edinburgh,
chest. 11th February 1659, ibid.
■ Original letter, ihid. * Papers, ibid.
HIS MARRIAGE WITH DAME ANNE BURNET, 1667. 221
Earls of Linlithgow and Callander, and others, curators of Lord Elphin-
stone, on the one part, and Mistress Anna Burnet, eldest lawful daughter
of the right reverend father in God, Alexander, Archbishop of Glasgow,
and he for himself, on the other part. Lord Elphinstone and the said
Anna agreed to marry each other, and Lord Elphinstone became bound
to seize himself in the lands and barony of Barnis, in the parish of Towie
and Migvie, and shire of Aberdeen. He further engaged to infeft his
future spouse in liferent in these lands, also in Craigforth, in the shire
of Stirling, with the barony of Elphinstone in warrandice, and the Halls
of Airth, and he warranted the same to extend yearly to 4000 merks
Scots, free of teinds, etc. Lady Elphinstone, his mother, was infeft for
life in these lands and in the remainder of Lord Elphinstone's whole estate.
Thus, during her life, he could have no part of the estate for the sub-
sistence of himself, his wife, and family, and to pay his lawful debts.
It being agreed he should have 9000 merks a year out of the estate for
these purposes, etc.. Lady Elphinstone overgave her liferent right to the lands,
and agreed to pay her son yearly 5000 merks ; with provisions for children of
the marriage. The archbishop agreed to give with his daughter 40,000
merks, the last 10,000 merks to be paid at the first term of Whitsunday or
Martinmas after the decease of Elizabeth Fleming, his wife ; and, on pay-
ment of the last 10,000 merks, Anna's annual rent was to be increased
proportionally to the 10,000 merks.^
The marriage was solemnised on the day the contract of marriage
was completed : — " The said Alexander, Lord Elphinstone, was married
to Mrs. Anna Burnett, eldest lawfull dawghter to the Lord Archbishop of
Glasgow, vpon the tenth day of September j" vj"= thriescore seven years." ^
In prosecution of the conditions of the contract, Alexander, seventh Lord
Elphinstone, was retoured by a general service as heir to his grandfather, Mr.
' Copy contract of marriage, dated 10th September 1667, in Elphinstone charter-chest.
^ Elphinstone Birthday Book, ibid.
222 ALEXANDER, SEVENTH LORD ELPHINSTONE, 1654-1669.
James Elphinstone of Barnis, on 5th December 1668 ;i and Anne Burnet,
Lady Elphinstone, received sasine of the lands and barony of Graigfortli.'-
Lord Elphinstone, on 5th January 1665, attended the funeral, to Largo
Church, of John Lundy, laird of Lundy in Fife. The funeral was with great
pomp, many of the nobility being present.^
His lordship was present at the opening of parliament in the years 1665,
1667, and 1669, and was chosen one of the commissioners of supply for
the shire of Stirling, 23rd January 1667.* He was involved in the action
against Sir Kobert Elphinstone of Quarrell, his tutor, as his mother, Lilias,
Lady Elphinstone, assigned to him her right to the bond by Quarrell to her,
on which proceedings were founded. He also concurred with his mother
for arrangements in favour of his younger brother and sister.
His father-in-law, Alexander Burnet, Archbishop of Glasgow, took a
paternal interest in the affairs of Lord Elphinstone. His Grace wrote to his
lordship an anxious letter in these words : —
" My Loed, — 1 hope this will find your lordship and my daughter at Eilinburgb,
where it will be very necessary for yew to employ your tyme well, and to follow the
bussiness yow have now in hand, with as much yigour and alacrity as may be. It is
the first specimen yow are to give both of your dexterity [in] managing your owne
aflaires, and of your care and diligence, and as this f [alls] with yow, men will con-
iecture of yow and the conduct of your afiaires for the future. I beseech yow waite
upon my Lord Chancelour as soone as yow can, and present my humble service to his
lordship ; assuring him that as soone as I am able to travell I shall be ambitious to
waite upon him : but at present my cough and indisposition continue with me, and I
mend but very slowly. Doe the like to my Lord St. Andrews and all our other friends,
and lett me know if there be any thing wherein yow need the service or assistance of
your very humble and faithfull servant, Alex. Glascuen.
"Glasgow, June 16, 1G68.
" For my honourable good lord, my Lord Elphiustoii.'' ^
1 E^xtract retour of general service in Elphinstone charter-chest.
2 20th September 1667. Original sasine, ibid. ■' Lament's Diary, p. 174.
* Acts of the Parliaments of Scotland, vol. vii. p. 544.
» Original letter in Elphinstone charter-chest.
HIS DEATH ON llTH MAY 1669. 223
Alexander, seventh Lord Elphinstone, appears to have been in delicate
health, and did not long survive. In his latter will he states that he was
under some indisposition of body. He therein recommended his soul to
Almighty God, " with assured hope off salvation in his mercie through the
merite of my blessed and alone Saviour Jesus Chryst, my redeemer."
He also recommended to his mother and father-in-law "the decent and
ordourlie interment off my body in our ordinary buriall place with my
ancestors;" nominated his dear consort, Dame Anne Burnet, his sole
executrix, and appointed her to pay to John Elphinstone, his brother,
2500 merks Scots, out of the first maills and duties, and sundry other debts.
To him he also left " my buffe coat and suite of armes." The will ends with
a proviso, that if his consort were with child, the present will should not
prejudice the child's rights to any of the premises. Dated at Elphinstone,
10th May 1669.i
Alexander, seventh Lord Elphinstone, died on the day succeeding that on
which he made his will, as appears from the following brief entry in the
Birthday Book, "... and died on Tuesday the 11 May 1669, at his
owne house in Elphinstone." Lamont in his Diary gives a circumstantial
account of his death : —
"1669, May. — The Lord Elphiston, a young man who leatlie maried . . . Burnet,
the Archbishope of Glasgow bis dawghter, depairted owt of this life att his dwelHng
howse abowt Sterling ; who, comeing homeward from Glasgow to his infare, happened
to lodge the night before att Kilsyth, who fell some what vnweill that night ; and the
nixt day haveing come home, being Thursday, he was forced to ryse from dinner, and
the Twesday after he deceasset and was interred shortlie after." '-
In terms of his dying wish Lord Elphinstone was no doubt interred
in the Elphinstone family burial aisle in the churchyard of the parish of
Airth.
Anne Burnet, Lady Elphinstone, survived her husband several years.
' Original Will, in Eli.hinstone charter-chrat. 2 Diary, p. 200.
224
ALEXANDER, SEVENTH LORD ELPHINSTONE, 1654-1669.
The relations between her and Lady Lilias and her second son, John, eighth
Lord Elphinstone, continued to be of the most friendly kind.^ In the testa-
ment-dative of Alexander, Lord Elphinstone, John, Lord Elphinstone, his
brother, is decerned to be his executor-dative as nearest of kin to him.-
Anne Burnet, Lady Elphinstone, married, secondly, Patrick, Lord Elibank,
and had issue. She had no children by Lord Elphinstone.
1 Discharges, 15th and 20th February 1670, io Elphinstone charter-chest.
- Extract confirmed testament, dated 19th December 1670, ibid.
(^M€^.m
XVII. 2. — John, eighth Lokd Elphinstone, and the last Lord who owned
THE Tekritoeial Baeony OF Elphinstone.
Lady Isabel Maitland (Laudeedale), his Wife.
1669-1718.
Jolm Elphinstone, eighth Lord Elphinstone, was the second son of
Alexander, sixth Lord Elphinstone, and Lilias, Lady Elphinstone, his wife.
He was baptized at Airth on 28th August 1649.^ Of his early years and
education no account has been preserved. He succeeded his elder brother,
Alexander, seventh Lord Elphinstone, in the Elphinstone peerage and estates
in May 1669. In the same year his lordship was present in parliament
when the Earl of Callendar, in his name, gave in a protest on a question of
precedence with Lord Eosse. In 1670, the year of his majority, two events
of interest have to be noticed. On 29 th March he was retoured under the
designation of John, Lord Elphinstone, by the sheriff of Stirlingshire and a
jury, including Charles, Earl of Mar, and other noblemen and gentlemen
connected with the county, as lawful heir of his brother-german, Alexander,
seventh Lord Elphinstone, in the barony of Elphinstone, and also in the
barony of Airth.^
The second event was his marriage to Isabel, eldest daughter of Charles
Maitland, Lord Hatton, brother of John, Duke of Lauderdale, and himself
afterwards Earl of Lauderdale. The marriage was celebrated on 28th April
1670.2 The youthful bride was only sixteen years of age, and the marriage
feast was held at her father's house.* The marriage was preceded by
a minute of agreement between John, Lord Elphinstone, and Charles
Maitland of Hatton for his daughter, Isabel, by which the bride was
to receive 5000 merks yearly out of the barony of Elphinstone. As both
1 Birthday Book, in Elphinstone charter-chest.
2 Official e-xtract retour, dated at Stirling, 29th March 1670, iJrkl.
3 Birthday Book, iJiV. ^ Lament's Diary, p. '219.
VOL. I. 2 F
226 JOHX, EIGHTH LORD ELPHI.NSTONE, 1669-1718.
Lilias, Lady Elphinstone, aud Auue Burnet, Lady Elphinstone, had claims
on the estate, provisions were introduced to meet contingencies.^ The tocher
provided to the lady by her father was 15,000 merks.
Several grants which he received about this time may be referred to.
One of these was a crown charter of the lands, lordship, and barony of
Elphinstone, along with Pendreich in Perthshire, and Airth in Stirling, with
erection of a burgh of barony of Elphinstone, all united into the barony of
Elphinstone. The charter was to him and the heirs-male of his marriage
with Isabel Maitland.- By another gift he received the escheat of brniuly,
wines, and beer.^
A third grant accorded to Lord Elphinstone at this time was that of a
patent by the Lyon King of Anns of the family armorial bearings. These
are as follows : —
" The right honorable Jolm Lord Elpbingstuiie for his atchievemeut aud ensigne
armoriall bears, Pearle ane eheverou diainoiid, betuixt three boars heads erased, ruble,
armed of the first : Above the shield his crouue, over the same aue helmet befitting
his degree, mantled, rubie, doubled pearle : Nest is placed on ane torse for his creast
ane lady above the midle weell attyred, holding ane tower with her dexter hand
pearle, and ane lawrell branch iu her sinister : Supported by two savages wreathed
about the head and midle with lowrell emerauld, carying clubs on their shoulders :
And for his motto iu ane escroll above tlic creast, Caus Causit." ■*
Lord Elphinstone's public career commenced soon after his marriage.
He made choice of the military profession, which he followed for about
forty-five years. He also, during that period, served both in parliament
and the privy council.
1 Duplicate minute of agreement, dated Elphinstoue charter-chest. The gift, which
22nd March 1670, iu Elphinstone charter- was to him and his heirs for five years, com-
j.]jgst_ prehended the escheat of brandy, foreign
2 1st February 1073. Register of Great wine, aiinavitse, and beer, excejit black beer,
Scab The charter was ratified by parliament the im|iorting of these being illegal.
in 16SI [Acts of the Parliaments of Scotland,
voL viii. p. 4-91. ^ Original patent, dated 16lh J.muary
3 Copy gift, 30th November 107^?, in 1073, ihul.
ATTENDANCE AT THE PRIVY COUNCIL. 227
His lordship's first military appointment was a captaincy in the
Stirlingshire Militia, which commonly had its rendezvous at Sauchieford,
where he was on duty in the summer of 1674. He was, previous to May
1676, made a privy councillor of Scotland. At that date the king gave
him a yearly life pension of £200 sterling for his faithful services.^
Lord Elphinstone was not insensible to these marks of favour, and
endeavoured to prove himself worthy of them. His seizing at Stirling of
two hundred and twenty muskets, supposed to have been imported with
sinister designs against the government, is an evidence of this. This action
of Lord Elphinstone was much appreciated at court. The king commanded
Lauderdale to inform him of this, and to give him " his hearty thanks." ^
Lord Elphinstone had an unbroken connection with the privy council
down to the Eevolution in 1688. The work of the council during that
period consisted largely in the unpleasant duty of imposing tests and
bonds, and inflicting fines for refusing to take these, and for disorderly
marriages and baptisms, desertion of the parish church, and attendance at
conventicles. Large numbers of different ranks and classes were involved
in these proceedings.
A list of those convened before the commissioners of Stirling and
Glasgow, in 1676, contains many names. It begins for Stirling with John
Murray of Touchadam, and Margaret Stewart, his spouse, and Mr. David
Broune, their chaplain, and for Glasgow with Sir George Maxwell of
PoUok, and John Maxwell, his son. The committee of council, con-
sisting of the Earl of Mar, Lord Elphinstone, and Lord Eosse, the last
being preses, met at Stirling on 19th April 1676, and proceeded to fine
non-conformists. Several persons pleaded tliat they were present at field
conventicles accidentally, and were dismissed. The council approved of
' Coiiy of warrant, dated 6th May 1G7G, in Elpbiiistot,e cliartur-cliest.
2 Wbitehall, 11th May 1G7G. Cirigiual letter, Uiid.
3 Original list, il,i,l.
228 JOHN, EIGHTH LORD ELPHINSTONE, 1669-1718.
these proceedings.! j^ext year the Earl of Mar and Lord Elphinstone
were commissioned to take charge of the exaction of fines inflicted on
persons in Stirlingshire, and of letters of caption against fugitives from
justice.^ As a result of the oppressions in the country, especially in
sending the Highland host to the West in 1678, the Duke of Hamilton
and other lords in person placed before the king their grievances, and tried
to supersede Lauderdale. Lord Elphinstone wrote to Hatton, his father-in-
law, on the subject, who replied that these attempts had not succeeded. He
says, writing under date the 31st May 1679 : —
" Yesterday thos sent from the councell spok fully with the king. And as
lie with great keindnis and satisfaction declared they had to the full satisfied him in
evry thing and in many things he knew not of : And gave all of vss that serve him
great assurrenses never to part with vss. He is to cale the partie lords to hier what
they can say, hot will not suffer his councel or any from them to be staited as a partie,
or as altera 2)ars ; and therfore will not suffer the partie lords to cum to fiim, where
they ar with him. This of news ye may wreit to Kos and Glencairne and to Mar." ^
Another letter, apparently between the same correspondents, and con-
taining later information, is only a fragment without date, but may be assigned
to June 1679. It proceeds —
"Tuesday last, being 17th, in the morning, the partie lords, etc., gave in a long
paper to the king, which hes been so long expected. It coutaines complaints against
the privy councill, in generall their actings, which it sayes are against law. It chargeth
the Session with injustice in generall, and in all those are most of the instances they
blame the Duke of Lauderdale, and in many, his brother, as serving his ends, in those
their calumnious alleadgances ; last of it chargeth my Lord Duke of Lauderdale and
his brother with particular acts of malversation. All which is black false, and in all
they likways mistake the matters of fact grosly. This paper is to receave ane answer
shortly, hot not in write, hot by the Advocat by word of mouth to the king." *
The rising at Bothwell Bridge took place at this time. The council being
1 Copy depositions at Stirling, lOtli April dale, and the archbishops of St. Andrews,
167C, in Elphinstone charter-chest. Glasgow, and others, ibid.
" Original commission, dated 7th August ^ Letter, ibid.
1677, signed by Rothes as chancellor, Lauder- ^ Letter, ibid.
VISITS OF THE DUKE OF YORK TO SCOTLAND. 229
informed of the " herying of horses " in Fife " to strengthen the body of the
rebells," required Lord Elphinstone to secure the passages of the Water of
Forth, and to seize persons found with horses and arms who were without
passes.^ On 15th June 1679, Lord Elphinstone, with his troop of eighty men,
was directed to join the Perthshire militia, under Montrose, at Linlithgow.^
He joined Monmouth there, and five days later fought at Bothwell Bridge.
Those who, on this occasion, attended the host, or were on their march to
it, were thanked by the king, who said he would never forget their loyalty.
The council acquainted Lord Elphinstone of the just sense his Majesty had
both of his and his troopers' loyalty and affection.^ These thanks were
followed by a precept, by the king, to pay Lord Elphinstone £500 sterling
out of fines or casualties belonging to his Majesty.*
In the autumn the Duke of York was expected in Scotland. The council
resolved to meet him at the border of England. Lord Elphinstone was
summoned to Edinburgh for that purpose, and was asked to invite the noble-
men in his neighbourhood to attend.^ The duke, who was soon recalled to
England, returned to Scotland in the following year, and the council again
met him, this time at Kirkcaldy. Lord Elphinstone was summoned as before,''
and would no doubt again attend.
Soon after this Lord Elphinstone was promoted to the rank of colonel in
the militia of Stirling and Clackmannan. His regiment was called to active
service on the invasions of Argyll and Monmouth. He was instructed to
have it well armed, and with twenty days' provisions, at Linlithgow, on the
21st of May,' and thereafter he received successive orders to march to
I Letter, dated 9th Juue 1679, in Elphiu- « Letter from Rothes, 23rd October 16S0,
stone charter-chest. ibid. The letter states that the duke was
- Letter from the Earl of Rothes to Lord hourly expected to arrive " the wind.s have-
Elphinstone, ibid. ing been fair since His Highnes parted from
3 Letter, 4th July 1679, ibid. England."
^ Letter from Lord Hattou, dated Windsor ^ Letter, subscribed by James, Earl of
Castle, and copy precept, 27th July 1679, iiid. Perth, chancellor, dated Edinburgh, 14th
" Letter, 16th October 1679, ibid. May 16S5, ibid.
230 JOHN, EIGHTH LORD ELPHINSTONE, 1669-1718.
Ochiltree,^ and Irvine.- The regiment received ammunition to bring to
Glasgow, and on its way thither quartered at Eaglesham, where it was to
keep guard, and to seek for and receive the rebel prisoners. The letter
containing these orders states, among other news, that —
" Argylle is caryed away hence in Dindonald's coach with a party of the kyngs guard,
dragownes and my Lord luerowray troup of horse to Edinburgh. His lordsliip looks
evill on it, and abyds based in his principalis as yet. There is maney prisoners come
in heir to the number of 80." ^
Lord Elphinstone's regiment marched to Glasgow " to keep things ther in
good order," and to guard the prisoners and train of artillery. His connection
with this brief campaign closed at the end of June. He received orders
on 28th June to march home as soon as he was relieved by the Earl of
Strathmore.*
The king granted an annual pension of £200 sterling to Lord Elphin-
stone,^ no doubt in continuation of the pension by King Charles the Second
of the same amount. That pension had been irregularly paid, and his
Majesty issued a warrant to examine what remained due of the grant since
his accession.^ The sum of £100 sterling which was found to be due was
paid to his lordship.
Lord Elphinstone refused to concur in parliament with the proposal of
King James to repeal the penal laws against Eoman Catholics. His pension
was tliereupon withheld. He now went to Holland, whence he returned to
England with the Prince of Orange. He entered heartily into the Eevolu-
tion, and signed the Act declaring the legality of the meeting of Estates,
and the letter of congratulation to King William. He was appointed
1 Letter, dated Glasgow, 2Stli May 1685, Elpliinstone, dated Glasgow, 20th June 1CS5,
signed Linlithgow, in Elphiustoue chaitcr- ibid.
chest. * Letter from the Earl of Dumbartoa to
- Letter from the Earl of Dumbarton, Lord Eltihiustone, ibid.
Commander-in-Chief of the forces in Scot- ^ 2-lth March 1686. Privy Seal,
land, dated Ayr, 30th May 1685, ib!<L " Copy of warrant, dated Whitehall, 28th
' Letter from .1. Levingstone to Lord January 168". in Elphinstone charter-chest.
HIS MILITARY ACTIVITY. 231
colonel of the militia of Stirling, and a commissioner to visit the uni-
versities and schools.^ But his military predilections predominating, he
entered the army in Scotland as a captain of horse, and afterwards became
a captain of dragoons. When his troop of cavalry was stationed at Old
Aberdeen in 1690, he was made a burgess of that burgh.^ His desire to
improve himself in the military art, and to prove his loyalty to his Majesty,
induced him to go to Flanders in 1692, where the king gave him a company
in the Earl of Leven's regiment. He remained in Flanders for some years.
There was due to him of subsistence when he demitted his command four
hundred and eighty-seven gilders and three orkies current money, or three
hundred and sixty gilders of forage money.^ In a petition he presented to
the king about 1697, Lord Elphinstone claimed that he had "done all the
duties of my post as much as the meanest captain in your army," and
craved a higher post, and the renewal of the pension granted him by King
Charles. He states that the pension had not been paid since the Eevolution,
" though I had the honour to come over with your Majesty." *
After leaving the army Lord Elphinstone returned to his public and
private duties at home. In 1696 he subscribed the Association in defence
of King William.* We have now detailed at some length the public services
of Lord Elphinstone as a member of the parliament and privy council of
Scotland, and also as a military officer both at home and abroad. In all
these capacities he operated cordially with the public officers, both civil
and military, with whom he was associated.
The barony of Elphinstone which was inherited by this Lord Elphin-
stone was of moderate extent. It was burdened by the jointures of two
dowagers, his mother and sister-in-law, as well as a large amount of debt.
' Acts of the Parliaments of Scotland, William, 2Sth August 1696, signed "J.
vol. ix. (1689-1690) at date. llaitland," ibid.
- Burgess ticket, 23rd October 1690, iu ' Draft Memorial and relative letter, iJirf.
Eljihinstone charter-chest. » Acts of the Parliaments of Scotland, 10th
^ Origiual attestation given at Fort Seijtember 1696, vol. x. p. 10.
232 JOHN, EIGHTH LORD ELPHINSTONE, 1669-1718.
His income was iu part derived from the working of coals and salt pans.
These were precarious, and he seems to have been advised to part with
his coal works in Elphinstone, as well as the lands of Barnis and others in
the earldom of Mar. But even the sale of these did not bring sufficient
pecuniary relief to Lord Elphinstone, and he was ultimately advised reluct-
antly to part with the barony of Elphinstone itself, after it had been in the
possession of the family for so many generations. Notwithstanding many
honourable endeavours to save the patrimonial barony, the burdens were
too onerous to allow of it ; and an arrangement was therefore made between
Lord Elphinstone and a cadet of the Elphinstone family, Eichard Elphin-
stone of Calderhall, to purchase the barony of Elphinstone, with the excep-
tion of the mansion-house and gardens, and grounds about the house.
Eichard Elphinstone, who undertook to relieve Lord Elphinstone of the
burdens on the estate, obtained a crown charter of the barony of Elphinstone.
He, however, died soon afterwards, and was succeeded by his son Charles
Elphinstone. On his death, his sister Elizabeth Elphinstone was served heir
to him in the lands in 1699. In 1703, with consent of her husband, Mr.
Dundas, she disponed Elphinstone to Sir James Primrose of Carrington,
afterwards Viscount Primrose, who was the father of Elizabeth Primrose,
afterwards Lady Elphinstone, thus defeating the endeavours of Lord Elphin-
stone to have the estate continued in the Elphinstone family.
The health of Lady Elphinstone had been failing for some time before her
death, which took place at Elphinstone on 7th October 1706, in the sixty-
first year of her age. Her ladyship was buried in the Elphinstone aisle at
Airth on the 11th of the same month.^
Following the example of the fourth and fifth Lords after they were
despoiled of the valuable barony of Kildrummie, when they entered into
a mutual agreement to live together in family under the same roof. Lord
Elphinstone, in the year 1709, made an arrangement with his daughter-
' Birthday Book in Elphinstone chaiter-chest.
ECONOMICAL FAMILY ARRANGEMENTS. 233
in-law, Dame Elizabeth Primrose, Mistress of Elphinstone, for herself and
as factrix for Charles, Master of Elphinstone, her spouse. By that agreement
Lord Elphinstone, out of regard for the weal and standing of the family,
renounced in favour of the Master and the Mistress his liferent right of Elphin-
stone for one year after Martinmas following, according to Lord Elphinstone's
pleasure. On her part, the Mistress covenanted to keep house and family
at Elphinstone, and to maintain him and Mary Elphinstone, his daughter,
and their servants and horses, according to their rank and quality, and
to pay him a certain sum yearly, along with an annual grant he had given
to Mary his daughter, besides certain accounts which were still owing.
She also agreed to other conditions as therein stated.^ A further agreement
was entered into between them in the following year confirming the
economical provisions above stated and providing for others. Both the
parties engaged to restrict themselves, upon their word of honour, to these
provisions, and to allow the remaining rents of the estate of Elphinstone
to be reserved for payment of the debts of the family.-
Lord Elphinstone lived nearly eight years after this agreement was made, and
died at Elphinstone on 24th March 1 7 1 8, in the sixty-ninth year of his age.^ By
his marriage with Lady Isabel Maitland he had seven sons and six daughters.'*
' Original agreement, 22nd August 1709, tor the number of the children of the re-
in Elpliinstone charter-chest. spective lords now mentioned, notice must
- Second agreement, llthAugust 1710, i7i/d. be taken of the fable which has been circu-
^ Birthday Book, Hid. lated that the eighth lord and his wife,
* The thirteen children of this Lord Elphin- Lady Isobel Maitland, had thirty-six children,
stone, the eleven chiklren of his son, the In connection with that fable, the story has
ninth Lord, and the fourteen children of the been told of the explanation given by the
tenth Lord, show how prolific the Elphinstone eighth lord to a stranger, that he had invited
family were over the jieriod thus represented. to the family dinner "just themselves two,"
But neither of these instances equals that of and no other company. The stranger Wiis sur-
tlie fourth Lord Elphinstone, who had nine- prised when a goodly number of the thirty-
teen children, and one of his daughters, six came trooping in to dinner. But he w.as
Margaret Elphinstone, the wife of Captain assured by the host that they were " only the
Bruce of Airth, had fourteen, making together lads ami the hisses." Itisquite apocryphal thus
thirty-three children. But, while vouching to increase the re.il number almost threefold.
VOL. I. 2 G
234 JOHN, EIGHTH LORD ELPHINSTONE, 1G69-1718.
1. John, born at EJiEburgh, 13th Blay 1672. Died yoimg.i
2. Charles, born at Edinburgh, 18th November 1676. Died young.2
3. Eichard, born at Edinburgh, 26th October 1678.3 He died young.
4. James, born 14th, and baptized at Edinburgh 19th February 1681.* He
appears to be the James Elphinstone, Esquire, appointed page of honour to
her Majesty in ordinary, in the room and place of George Fielding, Esquire.^
He died young and unmarried.
5. Charles, ninth Lord Elphinstone, of whom a memoir follows.
6. John, born at Elphinstone, 13th, and baptized 26th August 1685." Died
young.
7. "My sone Williame wase borne in York Buldiiigs in London the 13t or
14t day of Marche 1689 years, and was chr[i]sned the day of by
Mr. William Carstairs, minister of the gospell." '^ In the agreement made
between John, Lord Elphinstone, and his daughter-in-law, Elizabeth
Primrose, Mistress of Elphinstone, it is provided that she should pay to
William Elphinstone, then ensign in Colonel Prestoun's regiment, a certain
sum yearly till he was promoted to be a captain, and also thereafter
in case he should lose the post.^ He is generally designated Captain,
and is said to have been killed at the battle of Preston in Lancashire
in 1715.
1. Elizabeth, born at Edinburgh, 24th May 1673. ^ She married the Honourable
John Campbell of Mamore, second son of Archibald, ninth Earl of Argyll.^"
Mamore, on 25th January 1705, gave a disposition to James, Viscount of
Primrose, of a bond of provision for 18,000 merks Scots, granted by John,
Lord Elphinstone, to Mrs. Elizabeth Elphinstone, his only [eldest ?] daughter,
spouse of John Campbell, afiectiug the lands of Elphinstone." She died
on 13th April 1758.
' Birthday Book, in Elphinstone charter- " Elizabeth married John Campbell of
chest. Mamore and was the mother of John, fourth
2 lliJ, 3 iiiifi 4 /;,/,/ Duke of Argyll ; Mary, wife of James,
6 Original certificate, dated 23rd February s'^<=o°*l Earl of Roseberry ; Anne, of Ai-chi-
1691-'' ihkl ^"'^^ Edmonstone of Duntreath ; Isabella,
.-,.', T> I -7 • ; 1 JT 1 of Alexander Montgomerie ; Jane, of John
" ^''''^^^^ ^°°'^' '''"'• ^''"'- Campbell of Carrick ; and Primrose, of
8 Agreement, 22nd August 1609, ibid. g;^^^^ ^j^^ j^^^ ^^^^ ^ovatt."
9 Birthday Book, ilkl.
1" The Elphinstone family Birthday Book " Excerpts from inventory of writs of
has the following written iu a later hand — Duumore, in Elphinstone charter-chest.
CHILDREN OF THE EIGHTH LOKD ELPHINSTONE. 235
2. Isobella, bom at Edinburgh, 7th November 1677, and died there in June
1679, "the rebels being in amies." i
3. Mary Beatrice Anna Margaret Frances Isobella, named after the Duchess of
Albany, who was then in Scotland. Born at Edinburgh, 10th January,
died 14th February 1680.^
4. Anna, born and baptized at Hattou, 29th May 1683.3 She was deceased
before 1706, when Margaret is called Lord Elphiustone's second daughter.
In the agreement of 22nd August 1709 already quoted, Elizabeth,
Mistress of Elphinstone, consented to pay the accounts for the funeral
of the deceased Mrs. Ann Elphinstone, Lord Elphiustone's second
daughter.*
5. Margaret, bom at Elphinstone, 30th May, and baptized 3rd June 1684. She
" was maried to George Leslie of Balquhine upon the day of 1706.
He was second sone to Patrick Leslie of Balquhine, who was a Count of the
empire. His eldest sone succeded to the estate and titel in Germany.''^
The marriage articles were made between George LesUc, only son of the
second marriage of Patrick, Count Leslie, Baron of Balquhain, with consent of
his father, and Mrs. Margaret Elphinstone, second daughter of John, Lord
Elphinstone, with his consent, and that of her brother, Charles, Master
of Elphinstone. 6 She married, secondly, Sir James Gordon of Park ;
and had issue to both her husbands. She married, thirdly, John
Fullartou of Dudwick, who is called her husband in an assignation by
her to Ernest Leslie of Balquhain of a heritable bond of corroboration
by Charles, Lord Elphinstone, of various sums due to her through her
articles of marriage.''
6. Mary. " My dawghter Mary was borne at Newport Pond in the cowntie of
Essex in England, the 30 day of September 1686, abowte six in the
morning, and was christned the 7t of October at the said towne by Mr.
Ricks, schooU-master of the said towne of Neuport Pond, in the
countie above said.''^ The Mistresss of Elphinstone, in the agreement with
John, eighth Lord Elphinstone, of 1709, engaged to keep Mary Elphinstone,
along with her lather, according to their rank and quality. She received
Birthday Book in Elphinstone charter-chest. October 1708. Excerpt from inventory of
Ibid. ^ Ibid. Dunmore writs, ibid.
Agreement, 22n(l August 1709, ibid. ' Assignation, dated 19th April 1735. Ex-
Birthday Book, ibid. cerpt from inventory of Dunmore writs, ibid.
Dated 17th and Slst May 1706, and 2Sth ^ Birthday Book, ibid.
JOHN, EIGHTH LORD ELPHINSTONE, 1669-1718.
from her father on 20th August 1709 a bond of provision for 7000
merks. A corroboration of that bond by Charles, ninth Lord Elphinstone,
dated 6th August 1729, contains an obligation to infeft her in an annual-
rent corresponding to the said sum out of the lands and barony of Elphin-
stone.i Mary Elphinstone married Thomas Buchan of Cairnbulg, advocate.
1 Extract inventory of Dunmore writs in Elphinstone charter-chest.
237
XVIII. 2. — Chaeles, ninth Lord Elphinstone.
Elizabeth Pkimeose, Lady Elphinstone, his "Wife.
Charles Elphinstone was the fifth son of John, eighth Lord Elphinstone,
and Isobel Maitland, his wife. He " wase borne the fowrteent of Aprile 1682
and cristned att Cannonegeat the first of May 1682." ^
When he was eighteen years of age, Charles Elphinstone attended the
University of Glasgow. In the Register of Matriculations of that University
the date of his matriculation is given as 18th March 1700. He there
attended the Third Class of Philosophy, then taught by Professor John Law.
John Elphinstone, the younger brother of Charles, matriculated at the same
time, and attended the same class with him. Charles Elphinstone is
described in the register referred to as the eldest son of Lord Elphinstone —
" filius natu maximus domini de Elphinston " " — which shows that by this
time his four elder brothers were all deceased. Among those who attended
this class with him in 1700 were John Edmonstone, eldest son of the
laird of Broich, a neighbouring family to the Elphinstones in Stirlingshire,
and John Eoberton, eldest son of the laird of Earnock.^
In consequence of the death of his four elder brothers, John, Charles,
Eichard, and James, Charles Elphinstone was now Master of Elphinstone.
He contracted an early marriage with Elizabeth Primrose, daughter of the
late Sir William Primrose of Carrington, Baronet, and sister of Sir James
Primrose, Baronet of Carrington, who was created Viscount of Primrose,
Lord Primrose and Castlefield in 1703. The marriage was celebrated at
London on 12th September 1702.'' In the following year, James, Viscount
of Primrose, acquired from Elizabeth Elphinstone, Lady Airth, with consent
' Birthday Book iu Elphinstone charter-chest.
- Munimenta Universitatia Glasgueuais (Maitlaud Club), vol. iii. p. 169.
3 Ibid. J). 170. ' Birthday Book iu Elphinstone charter-chest.
238 CHARLES, NINTH LORD ELPHINSTONE, 1718-1757.
of her husband, the barony of Elphinstone, with the exception of the
mansion-house, gardens, and land round the house, still possessed by Lord
Elphinstone. The Viscount appointed his brother-in-law, Charles, Master of
Elphinstone, factor on his Elphinstone estates in 1704. The factory was
renewed in 1707 by the trustees of Archibald, second Viscount of Primrose,
and later by Hugh, third Viscount of Primrose. John, eighth Lord Elphin-
stone, and his son, Charles, the Master, granted a discharge to Elizabeth
Elphinstone, Lady Airth, of all claims they had against her, and she, on
the other hand, granted a discharge to Lord Elphinstone and his son the
Master, of all transactions with the deceased Eichard and Charles Elphin-
stones, her father and brother.^
In an account between John, Lord Elphinstone, and the Master, dated
14th May 1705, it is stated that Lord and Lady Elphinstone had passed from
articles given to the Master and his lady, and therefore that the ]\Iaster
would pass Lord Primrose's infeftment of the barony of Elphinstone through
the seals, and relieve Lord Elphinstone and the estate thereof. -
Charles, Master of Elphinstone, following the example of his father the
eighth Lord, adopted the military profession, and served in the campaigns of
Marlborough in Flanders. He was a captain in Brigadier Grant's regiment,
formerly commanded by John, Earl of Mar.* This regiment was ordered
abroad in 1708, and was quartered successively at Ghent, Antwerp, and
Tournay, and in September 1709 took part in the siege of Mons. In the
beginning of 1711 the regiment was ordered home, and thereafter part of it
was drafted into other regiments to join in an expedition ostensibly against
Quebec. The rest of the regiment was quartered in Stirling and Dundee,
and in August was disbanded, the officers being attached to the regiment of
Colonel Crichtou, then in Ireland.
' The concurrent mutual ilischarges, both - Original accouut, ibid.
dated 21st September 1703, in Klpliinstoue ^ Alexander Grant of Grant vfas made
charter-chest. colonel of the regiment on 4th March 1706.
VOTES AT ELECTION OF PEERS, 1721. 239
While Lord Elphinstone was on the continent Lady Elphinstone acted
as his factrix. In that capacity, as well as on her own part, she concluded
the agreement, already narrated, with Lord Elphinstone, her father-in-law,
for his residence with her at Elphinstone.
As shown in the immediately preceding memoir, John, the eighth Lord
Elphinstone, died on 24th March 1718, and his eldest son, the Master,
became ninth Lord. The last election of peers at which the late Lord voted
was that of 1715, on the accession of King George the First, when William,
Marquis of Annandale, was proxy for him. The first election of peers at which
the ninth Lord took part was in 1721, for a representative in room of the
Marquis of Annandale, who had died since the former election. The contest
on that occasion lay between two brothers-in-law, Alexander, ninth Earl of
Eglinton, and William, second Earl of Aberdeen, and was carried on with
great keenness. Lord Elphinstone was applied to by both the candidates
and their friends, and their conflicting claims pressed heavily upon him.
The Duke of Argyll and Greenwich thanked him for his kind assistance in
Stirlingshire, and craved his vote for Lord Eglinton. His Grace engaged
to make any return in his power, adding — " Your lordship knows I am a
plain man, and my word is to be depended upon." ^ On the other hand.
Lord Elphinstone was applied to, on behalf of the Earl of Aberdeen, by the
Duke of Montrose, the Duke of Hamilton and Brandon, and Elizabeth,
Countess of Hyndford.^ The result of this keen contest was that the Earl of
Aberdeen was elected by a majority of five votes over the Earl of Eglinton,
for whom Lord Elphinstone voted.^
Charles, Lord Elphinstone, had now quitted the military service, and
was able to devote his attention during the remainder of his life to his
family and estates. In 1726 he succeeded in getting James Elphinstone,
his second surviving son, into the navy. Correspondence still preserved
' Letter in Elphinatone charter-chest. ^ Letters, ihid.
3 Robertson's Peerage Proceedings, \>. 84.
240 CHARLES, NINTH LORD ELPHINSTONE, 1718-1757.
in the family collections evinces the care he took about his son's interests
in this matter.
In 1735 he arranged an advantageous marriage for his third surviving
son, Charles Elphinstone, who afterwards succeeded him as tenth Lord
Elphinstone. This marriage, which will be fully described in that Lord's
memoir, may here be noticed only so far as to point out Lord Elphinstone's
endeavours to promote the welfare of his family, and how well he succeeded
in that object.
A letter written to his son after his marriage with Lady Clementina
Fleming, the eldest daughter of John, sixth Earl of Wigtou, shows his anxiety
about the interests of his son. It is as follows : —
"Newlistown, 11th March 1737.
" Deae Charles, — I have no more time than to tell you that Lord Stairs state
of health is the most precarious that can be imagined. The perticulars your mother
can inform you.
" My being at Edinburgh was at Lord Wigtowns desire, as I beleved to make a
settelment on his daughter and you. But the whole landed in this, that Lady Clemen-
tinas portion should be secured in hferent to you, and your children in fee, which is
allready done by Lady Clementina and you before she was brought to bed, but must
now be in a more formall maner, he being ignorant of what is done. In short he does
barly what the contract of maridge oblidges him to. By it Lady Clementina is ex-
pressly cut of from .succeding to the estate or ony part oiT the executry. I have time
to say no more, but that you see what you have to trust to by the inclosed scrole
of the papers to be signed when we are all m the cuntry. Im very glad to hear
Clementina is so well recoverd, and with the greatest truth and regard, I am to you
both a most affectionat father, Elphinstone." i
The alliance of his son with Lady Clementina Fleming proved a happy
arrangement, and retrieved to a considerable extent the fortunes of the
family. It added lustre to the Elphinstone family alike in the connection
which was formed, in the addition it brought to the family arms, and also in
the descendants of the marriage. Besides the estates of Cumbernauld and
1 Letter in Elphinstone chaitei-cheat.
SALE OF LANDS AND BARONY OF ELPHINSTONE. 241
Biggar which came to the family through her ladyship, the whole of the
Wigton estates were also, in 1747, through her as heiress of her uncle,
Charles, seventh Earl of Wigton, secured to the Elphinstone family. Further,
upon the death of George, last Earl Marischal, John, afterwards eleventh
Lord Elphinstone, as eldest son of Lady Clementina, the heir of line,
inherited any unentailed property left by his lordship under a general dis-
position made by the earl in his favour in the year 1769.
The additions made to the Elphinstone arms by this marriage were no less
considerable. The family thereby obtained the right to bear the arms of the
families of Fleming, Earl of Wigton, Keith, Earl Marischal, and Drummond,
Earl of Perth, as well as of the Erasers, quarterly with those of Elphinstone.
George, the fifth son of this marriage, became successively Baron Keith and
Viscount Keith, while other descendants rose to considerable distinction.
Lord Elphinstone manifested the same care over his estates, although
not with the like favourable results. As stated in the preceding memoir,
his father sold the lands and barony of Elphinstone to a cadet of the family.
In 1737, however. Lord Elphinstone obtained a charter of resignation under
the great seal of the lands, lordship and barony of Elphinstone and others.^
His next transaction relating to these lands was in 1754, when he sold those
at the time remaining with him, -but reserving his own liferent in them.^
The purchaser of Elphinstone was Mr. Eonald Crawford, writer to the
signet, on behalf of the trustees of John, Earl of Dunmore, to whom Mr.
' 2(jth July 1737, Reg. Mag. Sig., Lib. 90, Elphiustone, £10,000 were to be applied
No. 12. The charter proceeded upon a pro- immediately to pay oflf the debts on the
curatory of resignation contained in the dis- estate ; and £6000 were to be paid to trus-
position by Elizabeth El]ihinstoue, Lady tees at Lord Elphinstone's death. His lord-
Airth, and her husband, to Sir James Prim- ship afterwards executed a trust deed in
rose. The sasine following the charter is favour of William, Earl of Gleneairn, James,
dated 16th December 17.S8, and is registered Earl of Lauderdale, and others, with refer-
14th February 1739. ence to the apjilicatiou of this money. The
deed is dated 5th October 1754. Excerpts
2 Disposition, dated 7th, and registered 8th from Inventory of Dunmore Writs, in Elphin-
January 1754. Of the £16,000 received for stone charter-chest.
VOL. L
H
242 CHARLES, NINTH LORD ELPHINSTONE, 1718-1757.
Crawford at once disponed them. Lord Elphinstone received for the lands
and barony £16,000 sterling, with £200 of compliment.
His correspondence from the year 1722 onwards shows how largely Lord
Elphinstone occupied himself about his collieries, as to the management of
which he was credited with possessing considerable skill.
In a letter which he wrote to Lord Stair in 1743, he states his circum-
stances and prospects. The two lords were warm friends and constant
correspondents, and therefore Lord Elphinstone could write to him without
reserve. Keferring to the Earl's success in life, he remarks that he had
gained immortal honour and the love and esteem of all lovers of Britain
in particular, and Europe in general, by giving up the command of the
army, and recalls his services at Dettingen. His lordship then proceeds
to say that he thought his own failure to share in any mark of his Majesty's
favour was to be attributed "only to my conduct in the year 1734, and to
the good offices off a now nobel D e, who will no doubt have me in re-
membrance as long as we are in being togeather." Lord Elphinstone further
thanks the Earl for his friendship to him and his family, and for kind offers
he had made to him, and says, " iff through the remaining part off my un-
fortunate life," he could preserve his esteem and friendship for him as an
honest man, he would have his reward. He concludes the letter by in-
forming the Earl that his project of a new pit was very promising, and he
shortly expected the coal would support itself, pay debts on the works, " and
enable me to live in parsemonious plenty as a cuntry gentelmau." >
The circumstances in 1734 to which reference is made relate to a general
election of representative peers. A list of sixteen had been sent down by
Sir Eobert Walpole's ministry to be voted for. Against this proceeding and
undue influence the Duke of Hamilton and Brandon and other Lords pro-
' Draft letter in Elphinstone cliarter-chest, between 1733 and 1737. [Appendix to
dated Elphinstone, 10th November 1743. Second Report of the Commission on His-
In the Earl of Stair's collections at Oxenfoord, torical Mss., p. 190.]
there are letters written by Lord El|ihinstonp
CHILDREN OF CHARLES, NINTH LORD ELPHINSTONE. 243
tested. Lord Elpluustoiie gave iu a separate protest adhering to the Duke's
protest, adding, "and I do it for this reason, that they have attempted such
undue influence upon myself, which attempts I withstood, and rejected their
offers." The Earl of Eosebery seconded this protest, and the Earl of March-
mont took instruments. Lord Elphinstone was himself a candidate at this
election, and received twenty-three votes. He also adhered to a second
protest after the election by the Duke of Queensberry.^
Elizabeth Primrose, Lady Elphinstone, as stated in the Birthday Book
of the family, died at Elphinstone " off an appoplexy on Thursday the six-
tenth of February 1737-8." Lord Elphinstone survived her for a period of
nineteen years, and died at Elphinstone on 20th February 1757.- By his
marriage with her ladyship he had issue six sons and five daughters : —
1. Johu, born 29tli June 1703, baptized by Mr. Alexander Hamilton, minister at
Airth, and died the same day.^
2. Johu, born at Elphinstone, 17th January 1706. Died at Culcruieli without
children, 29th April 1753.* He was married to Marjory, daughter of Sir
Gilbert Fleming of Farm, who survived hira and died at Edinburgh, 6th
August 178-1.
3. James, born at London, 15th April 17 OS.'' He went to sea. In a letter from
Captain Paitherford to Lord Elphinstone, he says he had taken his son to
see Lord Stair and others, and was considering what ship James should
sail in." He went to the West Indies, whence he wrote a letter to his
father, " On board his Majestyes ship the Berwick, in Carlile Bay, at Bar-
bados, 13 day of Aprile 1727." He says the navy was very expensive to
those not acquainted with it. He had met Mr. Eobert Elphinstone, Quarrell's
son, who had been kind and civil to him in carrying him along with him to
the country. He died unmarried.^
i. Charles, who succeeded his father as tenth Lord Elphinstone. Of him a
memoir follows.
1 The election took place on 4th .June 3 xhkl. * Ibid. '•> Ibid.
1734, Robertson's Peerage Proceedings, pp.
Letter, dated London, 5th May 1726, iiW.
^ Scots Magazine, vol. xix. p. Ill ; also '' Certified pedigree recorded in the College
letters in Elphinstone charter-chest. of Arms, London.
i CHARLES, NINTH LORD ELPHINSTONE, 1718-1757.
5. Archibald, boru IStli June 1714, baptized the same day by Mr. R. Barklay,
" JMinister to the Church of England congregation at Alloa." i He was
killed in the exijedition against Carthagena, 1741.
6. William, born 20th June 1718, christened by BIr. Walter Stirling, minister at
Stirling. He died yonng.^
1. Grizel, born 23rd November 1704.^ She married Captain Woodruve Gas-
coigne, of the family of Gascoigne of Parliugton, Yorkshire, Baronets of
Nova Scotia. One of his sons, Sir Charles Gascoigne of Abbotshangh, in
Stirlingshire, was manager of the Carron Iron Company, and died at St.
Petersburg, 1st August 1806.
2. Ellonas, born 31st October 1712. Died young.*
3. Elenor, born 15th September 1715.''
4. Margaret, born 1721. Died young.^
5. Primrose, boru at Elphinstone, 27th Januaiy 1725. She married Alexander,
Earl of Home, and had issue. Her husband was then the Rev. Alexander
Home, and had not yet succeeded to the title. She died 20th November
1759.?
1 Birthday Book in Elphinstoue charter-chest. - Ibid.
3 Il)kl. ■> Jbid. 5 ihid 0 75,-,; 7 7/,;^
M^itufiT^uo
&
/<
C/A4 //'fyu^
XIX. — Charles, tenth Lokd Elphinstone.
Lady Clementina Fleming (Wigton), his Wife.
1757-1781.
The life of Charles, tenth Lord Elphinstone, begins a new and eminently
interesting epoch in the history of the Elphinstone family.
In their earlier history, from their migration from the original castle or
tower of Elphinstone in East Lothian, to the banks of the Forth, in Stirling-
shire, where they succeeded in the creation of a new barony of Elphinstone
in the parish of Airth, the family have appeared chiefly as landed proprietors
in possession of important estates, which they added to and improved from
time to time. In the first half of the life of the Lord Treasurer Elphinstone,
the fourth Lord Elphinstone, they reached the zenith of their greatness, when,
from the extent and value of their territories, cliiefly situated in the shires of
Stirling, Perth, and Aberdeen, they were possessed of commanding influence
in the country.
As shown in the memoirs of the six Lords Elphinstone, from Alexander
the fourth Lord to Charles the ninth Lord inclusive, this prosperity did not
continue. An imperious necessity required them to part with one after
another of their territorial possessions beginning with Kildrummy in 1626,
until the eighteenth century, when even the lands, lordship, and barony of
Elphinstone passed out of their hands in the time of the eighth and ninth
Lords Elphinstone.
The period now entered upon, as will appear from the subsequent
memoirs, was the advent of brighter times for the family. Acquiring new
vitality, the Elphinstones again rose to comparative affluence, and became
the owners of considerable landed property. They also served their country
with distinction in the army and navy, and in the highest positions in the
greatest of our British dependencies, leaving the name of Elphinstone im-
perishably enshrined in the pages of Indian history.
246 CHARLES, TENTH LORD ELPHINSTONE, 1757-1781.
If the tenth Lord Elphinstone, whose life is now to be traced, did not
derive large personal beneiit from revived prosperity, he, by his marriage
with Lady Clementina Fleming, laid the foundation for the distinguished
and influential position of his descendants in several generations.
Charles, tenth Lord Elphinstone, was born at Elphinstone Tower in
Stirlingshire, on 6 th August 1711.^ Although he was the fourth son of
Charles, ninth Lord Elphinstone, his three elder brothers having predeceased
their father without issue, he succeeded that lord on his death in 1757 in
the Elphinstone peerage, and carried on the main line of the family. He
was named after his father and after Charles Maitlaud, third Earl of Lauder-
dale, his great-grandfather.
Information of the early life of this lord has not been preserved. The
first event of note falling to be related of him is that of his marriage to
Lady Clementina Fleming, daughter of John, sixth Earl of Wigton. The
marriage was celebrated at Cumbernauld, the residence of the Earl of
Wigton, her father, on 14th October 1735.^ Charles Elphinstone was not
at the time of his marriage in the direct line of succession to the Elphinstone
peerage, as two of his elder brothers were then still alive. Lady Clementina
was quite young when she married, being only sixteen years of age.^
Charles Elphinstone, her husband, was eight years her senior, being twenty-
four years old.
A marriage contract was entered into, the particulars of which have not
been ascertained, and the deed is not among the family muniments in the
Elphinstone charter-chest.
' Birthday Book in Elphinstoue charter- Mary Keith, eldest daughter of William,
chest. Earle of Mar[i]shall, hereditary Marishall o£F
- The event is recorded in the Elphinstone Scotland, at Cumbernauld, the fourtenth day
Birthday Book thus:—" Charles Elphinstone, off October in the year 1735."
third sone to Charles, Lord Elphinstone, was ^ Lady Clementina was born at Cumber-
niaried to Lady Clementina Fleming, only nauld, 18th February 1719. [Birthday Book
daughter of John, Earle of Wigtown, by Lady in Elphinstone charter-chest.]
ENTAIL OF THE WIGTON ESTATES, 1741. 247
After his marriage, and previous to the birth of John Elphinstone, his
eldest son, on 26th January 1737, an agreement was come to between Mr.
Elphinstone and Lady Clementina Fleming, his wife, whereby her lady-
ship's portion of thirty thousand marks, secured on the Biggar and Cumber-
nauld estates, was made over to her husband in liferent, and to their
children in fee.^
On 24th June 1741, John, sixth Earl of Wigton, made an entail of the
Wigton estates in favour of the heirs-male of his body, failing whom in
favour of Charles Fleming, his brother-german, and his heirs-male, and failing
all these, in favour of the Earl's heirs-female.^ WhUe this settlement
precluded Lady Clementina from succeeding to the Wigton estates upon
the death of her father in the event of her uncle or his heirs-male being
then alive, it constituted her the ultimate heir of entail to these estates in
succession to these other heirs.
It is either this entail now described and then in contemplation, or a
prior family settlement, which Lord Elphinstone refers to in a letter to
Charles Elphinstone, his son, dated 11th March 1737. His lordship was
consulted by the Earl of Wigton about the settlement, and sent a scroll of
it to his son. Eeferring evidently to the Earl's preferring his brother and his
heirs-male to Lady Clementina, his heir-female, he remarks that " he does
barly what the contract of maridge obliges him to," and adds, " By it Lady
Clementina is expressly cut of from succeding to the estate or any part of
the executry." ^
When the entail of 1741 was made it was not so improbable, as Lord
Elphinstone's remarks may suggest, that Lady Clementina, in accordance with
its provisions, would succeed to the Wigton estates. She was at the time
the only child of her father, and Charles Fleming, her uncle, the male heir
' Origiual letter, dated Newlisto-vra, Uth March 1737, in Elphinstone charter-chest.
2 Memoranda relating to the family of Wigton, ibid.
' Original letter, dated Newlistown, 11th March 1737, ibid.
248 CHARLES, TENTH LORD ELPHINSTONE, 1757-1781.
of entail, was uumarried. At the same time it was only natural that Lord
Elphinstone should betray anxiety, and give expression to the fear that his
daughter-in-law was practically cut off from the succession, especially as her
father made no less than three marriages.
The event, however, showed that the entail of 1741 did not cut off Lady
Clementina from the succession to the Wigton estates, but only postponed
it. Nor did it postpone her succession for any lengthened period. Her
ladyship's father died on 10th February 1744. He was succeeded by his
brother, Charles Fleming, in terms of the entail, who became seventh Earl
of Wigton. He died unmarried three years later, on 16th May 1747, when
the estates were inherited by Lady Clementina, and the peerage of Wigton
became extinct through the failure of heirs-male, to whom it was limited.
After the marriage of Mr. Elphinstone, he and Lady Clementina resided
at Elphinstone Tower with Lord and Lady Elphinstone. On the death of
the latter, on 16th February 1738,i they continued to make Elphin-
stone their home until 1748 when Charles Elphinstone removed with his
wife and family to Cumbernauld. While they were at Elphinstone they
occasionally received invitations, and paid more or less extended visits to
Cumbernauld. The relations which existed between them and Lord Elphin-
stone were cordial and affectionate. The letter from his lordship to Mr.
Elphinstone, written from Newliston, already mentioned, is an example of
this. He concludes the letter thus : — " I'm very glad to hear Clem.^ is so
well recovered ; and, with the greatest truth and regard, I am to you both a
most affectionat father, — Elphinstone."
Mr. Elphinstone received a great seal charter, on 12th February 1740, of
Quarrell, Pocknave, Powfowls, and other lands, in the shire of Stirling.^
' Birthday-Book, in Elpliiustone charter- friends, and she generally signed her name
chest. in this abridged form.
3 Registrum Magni Sigilli, Lib. 97, No.
2 "Clem." was the familiar appellation 50. This charter had probably reference to
given to Lady Clementina by nearly all her freehold qnalifications over these lands.
CONNECTION WITH KEITHS, EARLS MARISCHAL. 249
his connection through his wife with the Flemings, Earls of
Wigton, Mr. Elphinstone also claimed relationship through her with the family
of Keith, Earls Marischal. Her ladyship's mother was Lady Mary Keith,
eldest daughter of William, ninth Earl Marischal. Through her mother
Lady Clementina became heir-general of the Keith Earls Marischal, as well
as of the family of Drummoud, Earls of Perth. Indeed, some peerage writers
state that Lady Clementina would not admit into her sixteen quarterings
any family under the rank of an earl ; and yet her father, the Earl of Wigtou,
appears to have only quartered the Flemings and the Erasers, the latter,
no doubt, through an early intermarriage of Sir Patrick Fleming of Biggar
with one of the two co-heiresses of Sir Simon Eraser of Oliver Castle, in the
time of King Eobert Bruce. Both Mr. Elphinstone and Lady Clementina
were held in much esteem by the Keith family, and kind and affectionate
correspondence passed between them.
The Honourable James Keith, the uncle of Lady Clementina, as well as
his brother, George, tenth Earl Marischal, from their connection with the
Eebellion of 1715, were attainted by parliament and took refuge abroad.
James Keith never returned to Scotland, but he became a field-marshal in
the service of the King of Prussia, and was killed in the battle of Hoch-
kirchen, in October 1758, fighting for the Prussians against the Austrians.
Many letters were written by him to Mr. Elphinstone and Lady Clementina
Elphinstone. One of these, from the camp at Tascula, on 1st September
1741, is addressed to Mr. Elphinstone, and refers to his marriage and
family in terms deserving of a place in his memoir. He had been asked by
Mr. Elphinstone to assist a friend, Mr. Lockhart, to obtain an appointment in
the army, and after adverting to this at some length, he proceeds as follows : —
" I 'me iiifinitly obliged to you for the account you give me of Lady Clementina
and your family. The regard and concern you show for her situation convinces me she
is happy in one [who] loves and esteems her, and I hope she has good sauce enough to
regard the affection of a tender husband infiuitly above a glaring equipage and a rich
VOL. I. 2 I
250 CHARLES, TENTH LORD ELPHINSTONE, 1757-1781.
fool. If she is content with her fortune, she i.s happy, and that is what very few people
can boast of. I 'me sorry you tell me you have suffer'd by the late elections. If it
was a design of coming into the house of Commons which you have miscarried in,
I congratulate you on it. Without having the honour to be acquainted with you, I can
answer one of the familly of Elphinstone wou'd never wish to make his fortune by
I)eing a slave or a tool, and by what I saw last year in England i I 'me persuaded it' s
in vain for one of other sentiments to strugle with the design of the court. You have
let it go too far now to opose it, and by endeavouring to regain a freedome you have
already lost you will force your masters to show you your chains sooner than perhaps
they intend. This is the opinion the forreigners have of you, the one half of whom
pities you, the other laughs at you, and all in general despises you. I wish I cou'd
difl'er in opinion from them, and I give you this as the sentiments of the rest of [the]
world, not as my own. I beg you will assure my Lord Elphinstone and Mr. Fleming
of my respects, and do me the honour to believe me, with the greatest regard and
friendship, dear Sir, your most obedient humble servant,
" James Keith. ~
"From the Camp of Tascida, September the 1st, 1741."
This letter of General, afterwards Field-Marshal Keith, to his nephew, Mr.
Elphinstone, furnishes the information that the latter had at this period views
of entering parliament, and that he had unsuccessfully contested for a seat.
The purport of the letter is to dissuade him from entering upon a career in
parliament, at least at the time. His uncle's advice may have influenced him
in the matter, for he does not appear to have repeated the attempt to secure
a seat in the House of Commons. Other letters from General Keith to Mr.
Elphinstone show the same cordiality as the one now quoted.
On the same date General Keith also wrote to Lady Clementina, his
niece. Although the letter extends to some length, it is so characteristic
and kind, that it claims a place alongside of the one to her husband. The
General writes —
' He visited England in 1740, and wag introduced by the Russian Ambassador to
King George the Second who showed him favour.
2 Original letter in Elphinstone charter-chest.
LETTER FROM GENERAL JAMES KEITH, 1741. 251
"My dear Niece, — If you Lad been iu fault to me, which I dou't allow, the
pleasure of receiving an excuse from you wou'd immediatly have made me forget. But
instead of that I return you a thousand thanks for your letter and the account you
give me of your young familly. You're in the right to say that tlie greatest pleasure
in the absence of friends and relations is to hear often from them ; but as your case and
mine is quite difereut, my letters may be as great a trouble to you as yours is a
pleasure to me. You, who have a husband, a father, children, in a word everything
that engages most, every day with you, can have but little concern for a Muscovite
creature of an unkle whom you never saw, and whom you have hardly ever heard of;
while I, who almost from my childhood have been separate from almost every one I
had any tye to, must think it a happyness even to hear from those whom I wish most
to see.
" You was a perfect child when your mother died, and therefor only knows you
had one ; but the tenderness I had for her, I conserve for her daughter ; and cou'd I
be so happy as to live till any of your children were of age to come over to me, I
wou'd with the greatest joy be a governeur and father to him. But I 'me afraid tbe
description Mr. Lockhart will make you of this country will not be a motive to engage
you to send any of them here. The climate of this country has agreed so ill with him,
that he has resolved to quite it and return home. This has deprived me of the
honour of showing how much regard I have to every one who is related to my Lady
Wigtoune, or recomended by you.
" My brother, after whom you ask, is just now at Madrid, and as you have certainly
no correspondence there, if you have a mind to write to him you may send me your
letter. It 's true Eussia is not the straight road for Spain, but it will be the surest ;
and from Edenbourgh you may write to me when you please by the correspondents of
the Scots merchants who are setled at Peterbourg, who receives letters from thence
every week. This I take the liberty to tell you that you may not have the same
excuse again for not writing to me, as it will likewise make me unpardonable if I don't
from time to time assure you with how much tenderness and affection I am, my dear
niece, your most obedient humble servant and unkle, James Keith.
" From the Camp of Tascula, in the Suedish Finland,
" September the 1st, 1741."^
George, Earl Marischal, the brother of General Keith, who also corre-
sponded largely with Mr. Elphiustone, gave similar kind expressions about
1 Original letter in Elpliinatone charter-cheat.
252 CHARLES, TENTH LORD ELPHINSTONE, 1757-1781.
his marriage with Lady Clementina. This will be seen in a letter shortly to
be adverted to. In 1742 the health of Mr. Elphinstone was unsatisfactory.
This led him to go to Flanders. He had written to the Earl intimating
this to him, and the birth of his eldest daughter.^ In his reply the Earl
writes at some length about his health, and expresses solicitude about him.
His letter is as follows: —
"Bouillon, October 29th, 17-12.
"Siu^ — I have the honour of yours, and wish you and my niece joy of your
daughter. I am very glad you are so pleased with her ; and I am convinced tliat she
has good reason to be so with you.
" I beg of you to mind your health above all things. You say you know by
experience that my friends prescription is the best ; and yet you can not say that you
follow it with the care you ought. Pardon my sincere friendship and concern which
makes me take the liberty to say this, besides my concern for you on account of my
niece and her family. Believe me, I have now a very near one on your account. I
have had the advice of my friend, the phisician. It is only a confirmation of what I
sent you. He advises riding : I dont remember if the other did. He sais it is an
ailing very hard to remove, and not to be removed but by a track of time : that even
he can not answer for a perfect cure, but that he can that such a dyet as he prescribes
will give so much ease as that you will seldom complain. . . .
" Illy humble service to such of your acquaintance as do me the honour to remem-
ber me still, and particularly my namesake.
" I thank you for your care in looking out for the rabbet skins. I do not want
them now. Mr. Falconer has brought me others. He writes to me (for I have not
yet seen him) that my brother is ill of the scurvy, which he sais hardly any body
escaped in Finland. Emete returns her humble thanks for the honour done her. She
has got a new wheel, and works hard to spin herself a gown.
"I can no longer hold out in this dismall hole. I propose soon to remove. I
dont yet know where I shall go ; but when I have determined, if you remain in
Flanders, shall let you know. I believe you will have a peace this winter. If you
go to Scotland, see if you can find me a footman who is somewhat of a falconer, and
a couple of hawks. I shall let you know how to forward them. I suppose both the
footman and the hawks are not very hard to be had. I am faithfully yours. Adieu." -
' Mary Elphinstone, born 19th September 174L
2 Original letter in Elphinstone charter-chest.
CORRESPONDENCE OP GEORGE, LAST EARL MARISCHAL. 253
As promised in his letter, the Earl again wrote to Mr. Elphinstone. His
letter, which is dated Douay, November 17th, 1742, states his intention to
settle in Eheinis for the winter, where he would have good company. There-
after he purposed to look out for a place where he could make his rents
agree with the prices charged. He would rather go, he says, with his friend
Stepan, to the other side of the Volga than to Spain.^ He asks him to take
care of his health, and to remember his prescription.'^
By the beginning of the following year the health of Mr. Elphinstone
was improved. The Earl Marischal, upon learning this from him, wrote
him from Boulogne on 28th January 1743. He says, "I can live cheap in
my litle house I have taken in a forest, and keep myself from some of the
odd company in this place, my dogs from being worried by the wolves, and
my poultry by the foxes." He tells him not to send him the footman and
hawks which he asked him to get for him, as he intended to dispense with
them on the ground of expense, and to " stick to the diversion of shooting."
Adverting to his health, he says that none of his friends were more heartily
concerned about him than he was.
In a postscript to his letter the Earl Marischal writes : — " I had some
time ago the honour of a letter from your lady. Her mother and her aunt
were my relations and friends, and tho I loved them both tenderly, her
mother was allways my favorite, and I find the same tendernesse for the
daughter and all belongs to her. Assure her of this and my respects.
I speak from my heart. My humble service to my Lord your father. I
have not the honour to know him. But I know he is a man of trew honour,
and as such I respect him." ^
In a later letter from Earl Marischal to Lady Clementina, dated from
Potsdam, 12th [January] 1768, the same affectionate regard is expressed for
1 The Earl had already resided in Spaiu, and had no good liking to it.
2 Original letter, addressed — " To the Honorable Mr. Elphinstone," in Elphinstone charter-
chest. 3 Original letter, ibid.
254 CHARLES, TENTH LORD ELPHINSTONE, 1757-1781.
her and Mr. Elphinstone, aud for their bairns, and " bairns' bairns." The
letter is very creditable to the kindness and natural affection of the
venerable Earl Marischal of Scotland.
"Potsdam, 12 [January] 1768.
" BIy dear Niece, — Wlieu William was in Brittain I had the pleasure to hear of
you and your family frequently by him, and since sometimes by Mr. Seaton of Touch.
I hope now you will write your self, and let me know how you are all. Besides wish-
ing you many happy New Years, this is also to tell you, that I am informed the York
Building Company, who disputes the gift of parhament to me, will, at last, appeal.
As what I have will go among you, bid John and his father make interest to show in
a clear light my right, in due time. As I am very old, I may not perhaps see the end
of that affair, which on your account cheifly I wish may succeed, being ever, with the
greatest regard and affection, your faithfull humble servant, Maetschall.
" My best compliments to BIr. Elphinston, to the bairns, and to the bairns bairns,
for I don't know how many John now has.
"If you hear any thing of the sailors, let me know, and the name of their ships, and
when they may be at home again." i
On the death of tlie uncle of Lady Clementina Fleming, Charles Fleming,
seventh and last Earl of Wigton, in 1747, without heirs-male of his body,
the Wigton family estates, as already stated, in terms of the entail of 1741,
devolved upon her ladyship.
The lands of Biggar, which are situated near the town of Biggar in tlie
Upper Ward of Lanarkshire, and also the lands of Cumbernauld, which are
situated in a detached portion of Dumbartonshire, thus inherited by Lady
Clementina, and through her brought into the Elpliinstone family, were long
owned by the Flemings, Earls of Wigton. Sir Patrick Fleming, associated
with King Eobert the Bruce, acquired the lands and barony of Biggar by his
marriage with the daughter and co-heiress of Sir Simon Eraser of Oliver
1 Original letter in Elphinstone charter- were familiarly known in Earl Marischal's
chest. Two of the sons became sailors, letters as Big Ben and Little Ben.
viz. : — William and George Keith, and they
LADY CLEMENTINA RETOURED HEIR TO HER FATHER, 1751. 255
Castle. This marriage conferred upon the Flemings, besides this territory,
the right to quarter the arms of the Erasers with their own, a right which
the later marriage of Charles Elphinstone with Lady Clementina Fleming
conveyed to the Elphinstone family. The lands of Cumbernauld, which
formed one of the territorial designations of the Flemings from as early as
1451, furnished them with their principal residence. Cumbernauld House is
in the parish of Cumbernauld, in the county of Dumbarton, and at no
great distance from Elphinstone Tower in the adjoining county of Stir-
ling. Mr. Elphinstone and his family now removed from Elphinstone Tower
to Cumbernauld House, which with its policies became henceforth the
picturesque residence of the Elphinstone family.
On 6th August 1751, Lady Clementina Fleming was retoured heir of
line, taillie and provision general, to her father, John, Earl of Wigton.^ In
accordance with a condition in the entail of 1741, her ladyship continued
to bear the name of Fleming instead of Elphinstone, the name of her
husband, her subscription and the direction of letters sent to her being " Lady
Clementina Fleming." Although she was served heir of entail to the Wigton
estates she was not the unfettered owner of them. The estates were
burdened with the debts of her father, the sixth Earl of Wigton. He ap-
pointed trustees to apply the rents of the estates for the primary purpose
of paying off these encumbrances. The trustees and a factor appointed
by them administered the entailed estates. Although Lady Clementina
was the actual heiress of entail of the Biggar and Cumbernauld estates,
neither her ladyship nor her husband derived any real substantial benefit
from the rents of the estates so long as the entail debts of her father
remained a burden on them.
Charles, ninth Lord Elphinstone, died on 20th February 1757. His three
1 Retouis at date. She was again re- registered on 19tli September of that year.
turned as heir of provision general to her Retour in Elphinstone charter-chest,
father on 17th August 1795. The retour is
256 CHARLES, TENTH LORD ELPHINSTONE, 1757-1781.
eldest sons having all predeceased him, without leaving issue, Charles, as
the eldest surviving son, became the tenth Lord Elphinstone. In that character
he and Lady Clementina his wife received the command of King George the
Third to attend the coronation of the king and queen on 22nd September
1761, by the following letter from the Earl of Effingham, Marshall : —
" Geoege R.
" Right trusty and well beloved, we greet you well. Whereas the twenty-second day
of this instant September is appointed for the royal solemnity of our and the Queen's
coronation, these are to will and command you and the lady your wife (all excuses
set apart) to make your personal attendance on us at the time above mentioned,
furnished and appointed as to your rank and quality appertaineth, there to do and per-
form all such services as shall be required and belong unto you respectively : Whereof
you and she are not to fail, and so we bid you most heartily farewell.
"Given at our Court at St. James's, the 14th day of September 1761, in the first
year of our reign. By his Majesty's Command,
"Effingham, M.
"To Charles, Lord Elphinstone." ^
Following quickly upon his succession to the Elphinstone peerage, his lord-
ship was visited with a sad domestic bereavement. H.M.S. Prince George
was burned at sea off Lisbon on a voyage to Gibraltar, on 13th April 1758.
Of the persons on board the ship four hundred and thirty-five perished.
Charles Elphinstone, the second son of Cliarles, Lord Elphinstone, and Lady
Clementina, an officer on his way to Gibraltar, was among the number. . In
the hope that their son might be one of the few who were saved. Lady
Clementina applied to her cousin and friend, Lord Panmure, for what infor-
mation he could give them. His reply must have dispelled any hope they
had. He writes —
" If any account shou'd come to my knowledge, I shou'd not delay in acquainting
you, but by those already sentt here I have not the smallest expectation, so can only
wish that you may be able to bear so heavy ane affliction as this must be to you and
1 Original letter in Elphinstone charter-chest.
BURDENS AND EXPENSES OF THE FAMILY. 257
Mr. Elpbinston. I most heartely sympathise with you, and can not writt more on so
melancholly a subject." ^
The loss of his name-son, in the circumstances described, must have been
keenly felt by Lord Elphinstone. His wife was inconsolable, and refers to
it again and again in her letters. Writing to her son Keith, nearly two
years after, and mentioning his brother William, she says, " How happie yow
two makes me, its only I that knows : but double would it be so, if I could
obliteret the remembrance that there was a third : biit that sticks." ^
Lord Elphinstone had now a considerable family of sons and daughters.
His household was large,^ but his own means were far from plentiful. Up to
the year 1747, when the seventh Earl of Wigton died, Lady Clementina had
only the interest of her marriage portion, which did not amount to much,
with which to supplement the limited resources of her husband. After that
date the Wigton estates, then inherited by Lady Clementina, yielded them
little, being, as already explained, burdened with the debts of the sixth and
seventh Earls, and controlled by trustees. Out of his own means. Lord
Elphinstone paid some of these debts, besides improving lauds purchased
for the younger members of his family. His children's education and the
starting his sons in the world made large demands upon him and Lady
Clementina. The anxiety which the meeting of these demands occasioned
found expression in the letters of Lady Clementina about this period,
and also in those of her sons, and of Lord Panmure, one of the trustees,
and a relative of the family.
One of her ladyship's letters, written about the year 1758, and before
the death of her son Charles just described, in which the circumstances of
' Letter, dated London, 27th May 1758, and provided for, and that is this family
in Elphinstone charter-chest. every day." This number would include
2 Letter, dated 19th March 1760,inElphin- servants, etc. In the same letter she men-
stone cbarter-chest. tions " twelve persons and 3 or 4 horse."
3 Lady Clementina writes— " Everybody [Undated letter without address, signed
must know forty peapeU is not easyly feed C. F.,c. 1758, in Elphinstone charter-chest.]
VOL. I. 2 K
258 CHAKLES, TENTH LORD ELPHINSTONE, 1757-1781.
Lord Elphinstone and herself are confided, evidently to her cousin, the Earl
of Panmure, may be given. She refers in the letter to the desirability of
bringing the trust-deed on her father's estate to an end. The letter is as
follows : —
" As it has been your lordship's inclination my father's deed of trust should be
brought to an end, and that votes should be purchased for my sons, [I] have always kept
these in veiw, and resolved to put them in execution as soon as possible.
" The only debt of my father's of any value now outstanding is my own portion of
30,000 merks. With this I intended to have purchased the votes, and paid the price
of some lands, which were purchased for the behove of my younger children ; and as
they are improveable, Mr. Elphinstone has been at a good deal of pains and expenses
upon them ; and the remains I intend to allow to the factor for money he has given
me for the support of the family and education of my children. And in order to make
every thing as clear and easy for your lordship and the other trustees as possible, Mr.
Elphinstone has, at Baron Maule's desire, consulted Mr. Ferguson of Pitfour, and laid
the whole matter before him. And he is of opinion I am intitled to the 30,000
merks ; only, to take every objection out of the way has advised I should raise a
process for payment of it, and obtain a decree that the trustees may pay with the
outmost safety. Baruchan has seen this consultation and is satisfied with it. It now
lyes before Baron ]\Iaule, who I hope wiU be of the same opinion, and I have no doubt
but your lordship will joyn with them.
" I am not sure if your lordship knous we had nothing to support ourselves and
family from the time of our mariage to the year 1 748, when my uncle, Earl Charles,
dyed, the intrest of my portion excepted. And as that amounted to no more then
£83, 6s. 8d. yearly, and was not regularly payed, we could not miss to run in debt.
" My uncle was in debt when he dyed. Mr. Elphinstone ingaged to pay, and has
paid these debts, which increased our own. So that having once been brought in debt
by plain necessity, and our family increasing and wanting education, I was obliged to
take up money from the factor for that purpose, and fitting out Jocky, as I must now
do to fitt out both Charles and AVilliam. So that upon all these accounts I hope your
lordship will not think I have been extravagant, tho in the course of 23 years I
have run £2000 in debt." i
' Draft letter holograph of Lady Clemen- of the letter is the following— "£'00, [f]o
tina, without date, signature, or address, in which sum wee only had some furniture
Elphinstone charter-chest. On the margin books, and family pictures."
TRUST-DISPOSITION OF THE ESTATES, 1771. 259
This touching letter of Lady Clementina Fleming is highly commenda-
tory of her ladyship. It shovps how much she had the interests of her
family at heart, and how careful her management was during the long
period mentioned, when she and Lord Elphinstone maintained their estab-
lishment, fitted out their eldest son, and paid debts both of the Earl of
Wigton, her father, and also of her uncle Charles, seventh Earl of
Wigton, and yet had only so small a balance against her at the date
of the letter. It further shows her zeal and anxiety to meet her obliga-
tions.
The trust-deed made by her ladyship's father was terminated soon after
this in agreeableness to the wish she expressed in her letter, as she was in
full possession of the estates of Biggar and Cumbernauld previous to 1771.
In that year, on 15th January and 1st February, animated by the laudable
spirit displayed in her ladyship's letter above quoted, and desirous of having
every remaining debt paid, and their affairs placed on the best possible
footing. Lord Elphinstone and Lady Clementina made a temporary family
arrangement.
This arrangement took the form of a trust-disposition. In it they agreed
to give up laousekeeping at Cumbernauld, and to live in Edinburgh or some
other place. They further conveyed to John and William Elphinstone,
their sons, and to Charles Gascoigne, their nephew, as their trustees, the
rents, duties, and other casualties of their several estates,^ except the house
and garden of Boghall. They gave the trustees power to uplift and intromit
with these rents, to appoint factors, and to dispose of produce and
growing woods, and horses and cattle, etc. The trustees were to pay them
during their joint lives, and Lady Clementina, if the survivor, the restricted
allowance of £650 a year. This trust-disposition was to be valid only until
the trustees paid the family debts, and it was to be without prejudice of
' These estates were situated iu the shires of Stirling, Peebles, Selkirk, and Perth.
260 CHARLES, TENTH LORD ELPHINSTONE, 1757-1781.
certain obligations already come under mentioned therein.^ How long this
arrangement continued does not appear. But while the making of it was
highly creditable to Lord Elphinstone and his wife, the result of it could
not fail to be satisfactory to all those concerned in it.
A letter which Lord Elphinstone wrote describing the Edinburgh mob of
1779 requires that the circumstances relating to the mob should be ex-
plained. The establishing of the Eoman Catholic religion in Canada by the
British parliament led early in 1778 to the passing of a bill, applicable to
England, repealing the Acts for preventing the growth of that religion. It
was anticipated that a similar measure relating to Scotland would imme-
diately follow.
The report of these things alarmed the people of Scotland. The
General Assembly in May 1778 took up the matter, and a motion to instruct
its Commission to watch over the Protestant interests was, through the
opposition of Principal Eobertson, rejected. The people of Scotland there-
upon constituted themselves the guardians of Protestantism, Meetings
were held, chiefly in January and February 1779, all over the country, in-
cluding the inhabitants of Biggar and Cumbernauld, at which resolutions were
passed and petitions were subscribed against the anticipated measure. The
proceedings thus far were orderly. But on 2nd February 1779 a mob
assembled in Edinburgh, who burned a Eoman Catholic chapel to the ground,
plundered the library of Bishop Hay and an old chapel at his house, and
were only prevented from attacking the house of Principal Eobertson and
doing further harm by the intervention of the military.
Lord Elphinstone was in Edinburgh at the time, and witnessed the doings
of the mob. He wrote an account of it in a letter to William Adam, M.P.,
' Registered trust-Jisposition, iu Elphin- was urgent with his father to discontinue his
stone charter-chest. In the same Elphin- "great farm," as he calls the Cumbernauld
atone collections there are letters prior to the farm, on the ground that it was an unprofit-
making of this disposition and relative to it, able business.
especially from William Elphinstone, who
MOBS IN EDINBURGH AND LONDON, 1779. 261
his sou-ill-law, then attending to his duties in parliament. The mob appears
to have had both a serious and comic side. Mr. Adam read the letter to
Charles Fox and others, to whom it gave great entertainment. He replied
to Lord Elphiustone and informed him of this, saying : —
" I received your very agreeable and excellent account of the Edinburgh mob, and
have had it in my power to produce great intertainment to several people by reading
it to them. Charles Fo.x was particularly pleased with your touch about flitting the
Virgin Mary, and did not at all dislike the reason the mob avowed for letting the
Advocate escape from their rage. Whether it will be taken up or no by any body in
our House I cannot tell, but I should rather think it would only come in by way of
argument, which indeed it has already done, than by way of motion." i
The remainder of Mr. Adam's letter is devoted to a description of " the
feats of a London mob," which followed upon the news of the acquittal of
the Honourable Augustus Keppel,^ afterwards Viscount Keppel. Mr. Adam
states that all were forced by the mob to illuminate, and that the illumina-
tions were magnificent, especially those of the Dukes of Devonshire, Portland,
and Ancaster. He adds, referring to the Duke of Ancaster, " This last was
heading the mob at 6 o'clock on the morning of Thursday, and at twelve
o'clock of the same day was sworn into His Majesties Most Honourable Privy
Council." Upon Keppel's arrival in town there was another attempt at a
mob, " but," Mr. Adam says, " the spirit was evaporated, as it did not pro-
ceed from such holy and heartfelt principles as the Edinburgh affair."
During his tenure of the peerage of Elpliinstone several elections of
representatives of the Scottish peerage occurred. On 2nd January 1771 he
attended at the election of a representative peer for Scotland in room of
John, Duke of Argyll. The Earl of Stair was the peer elected. A protest
against the election was given by Dunbar, Earl of Selkirk, on the ground of
1 Original letter, dated London, 17th Feb- naval engagement off Ushant on 27th July
ruary 1779, in Elphinstone charter-chest. of that year. He was not only acquitted,
^ Keppel commanded the British fleet in but got the thanks of parliament, and was
1778, and was charged with misconduct in a soon afterwards made a peer.
262 CHARLES, TENTH LORD ELPHINSTONE, 1757-1781.
undue influence on the part of ministers of state by writing circular letters
in support of Lord Stair. Lord Elphinstone was one of those who adhered
to this protest.^ Charles, Lord Elphinstone was also present at, and took part
in, the elections of representative peers which took place in the years 1774,
1776, 1777, and 1780.2
His lordship died at Edinburgh on 6th April of the following year, 1781,^
when he was sixty-nine years of age. He was buried in the Wigton family
aisle at Biggar.
Lord Elphinstone was survived by Lady Clementina Fleming, his wife,
who lived eighteen years after his death. During that time she continued
to take a lively interest in her children. She outlived her son John,
eleventh Lord Elphinstone, and saw her grandson in the possession of the
peerage in succession to his father as John, twelfth Lord Elphinstone. Lady
Clementina Fleming died in London on 1st January 1799, in the eightieth
year of her age.* During her long life she had known in all four Lords
Elphinstone, the ninth, tenth, eleventh, and twelfth Lords.
The children of Charles, tenth Lord Elphinstone, and Lady Clementina
Fleming, his wife, were as follows : — •
1. John, eleventh Lord Elphinstone, of whom a memoir follows.
2. Charles, "The 29th day off Aprile 1739 she [Lady Clemeutuia] bore an
other son, christened Charles by Mr. John Bruce, minister at Airth." ^
" Christened— Charles Elphinstone — Parents, the Honble. Mr. Charles
Elphinstone and Lady Clementina Fleeming — baptized in House of Elphin-
stone. Witnesses, the right Honble. Cbarles, Lord Elphinstone, and Sir
Hugh Paterson of Bannockburn.""' He was destined for the military
service. In a letter from his brother William, to his mother, he says :
1 Robertson's Peerage Proceedings, pp. * Birthday Book in Elphinstone charter-
3G2-304. cUest. Soots Magazine, vol. Ixi. p. 72.
^ Ilml. pp. 399, 400, 412.
° Birthday Book in Elphinstone charter-
chest.
3 Birthday Book in Elphinstone charter- » E.xtracta from Register of parish of Airth,
chest. Scots Magazine, vol. xliii. p. 223. ibid.
DEATH OF CHARLES ELPHINSTONE, 1758. 263
" Tell Charly, if he gets this commission, he must expect to go to Gibraltar
soon." 1 In another letter, dated London, 29th October 1757, his brother
William advises him " to bid farewell to his friends at Cumbernauld, and so
come oflf, for a convoy was ordered for Gibraltar very soon, and the officers
were ordered over." 2 In a letter from Spithead, on board the Winchelsea,
William writes : " Admirall Broderick is expected to sail very soon — he is
quite clear." ^ And from another letter he had expected his brother at
Spithead, a -month before. These several references relate to an official
arrangement that Charles Elphinstone should proceed to Gibraltar to join
his regiment there. After all those anxious preparations for a prosperous
voyage of the young officer, the family Birthday Book briefly records
his tragic fate : " Killed on board the St. George, Admirall Brodr[i]ch,
commander ; the ship took fire att sea in her voyage to Gibraltar." * The
Prince George was a ship of ninety guns, and the calamity befel her on the
13th April 1758. Lady Clementina Fleming, as already described, was
sadly grieved at this bereavement.
3. William, of Carberry and Elphinstone. Of him a memoir follows as the direct
lineal ancestor of the present Lord Elphinstone.
4. Lockhart, born at Elphinstone, 26th November 1743. The Birthday Book
states he was killed by the overturning of a cart going full speed. He had
gone into the cart at Elphinstone, which was standing empty at the barn
door, without the servant in charge of it, and struck the horse with a bit of
rope. The horse ran off, the cart was overturned and the child killed, 24th
August 1748.
•5. George Keith Elphinstone, Viscount Keith. Of him a memoir follows.
6. 7, Malcolm, 1752 ; and Hugh, 1755. Both died young, before 1760.5
1. Mary, called Mally in her brother William's letters, born at Elphinstone, 19 th
September 1741. She died unmarried at Tulliallan, 8th May 1825.^
2. Elizabeth, born at Elphinstone, 24th September 1742. She died young.''
3. Eleonora, born at Elphinstone, 13th May 1747.^ She married, on 7th May
1777, William Adam, Esquire, of Woodstoun, in the county of Kincardine,^
' Letter dated, London, 4th August 1757, ^ Birthday Book, ihid. ^ Ibid.
in Elphinstone charter-chest. ° Ibid. ~ Ibid. ^ Ibid.
2 Letter, ibid. " Scots Magazine, vol. xxxix. p. 279.
3 Letter, 10th February 1758, ibid.
CHARLES, TENTH LORD ELPHINSTONE, 1757-1781.
only surviving son of Jolin Adam of Maryburgh, and grandson of William
Adam, the celebrated architect. The contract of marriage is dated 26th
December 1776, and 1st January and 7th March 1777. Agreeably to a pro-
vision in the contract, William Adam gave a bond to Robert and James
Adam, architects in London, and William Adam, merchant in London, his
father's brothers, and the Honourable Captain John Elphinstone of Cum-
bernauld, Captain William Elphinstone, and Captain Keith Elphinstone,
sons of Charles, Lord Elphinstone. By this bond he engaged to pay to
them, as his trustees, the principal sum of £4250 at the first Whitsunday
term after the marriage. The trustees named were to pay the annual rent
of this sum to Eleonora Elphinstone, during William Adam's lifetime.
After his death, if she survived him, they were to pay her as much of the
said annual rent as, with the free rent of the estates of Woodstoun, New
Thornton and others, settled upon her by the marriage contract, and
another annual rent named, should make up a yearly annuity of £300.
Provision is also made in the bond for the children of the marriage.i
Eleonora Elphinstone also granted a disposition to Captain Keith
Elphinstone her brother, George, Earl of Dalhousie, Malcolm Fleming of
Barrochan, Robert and James Adam, architects in London, and William
Adam, merchant there, as her trustees, paying to them £500, the fourth
share belonging to her of £2000 in a bond, dated 13th August 1774, by
John and William Elphinstone, her brothers, in favour of her and her sisters
Mary, Primrose, and Clementina Elphinstone. Eleonora also paid to the
trustees mentioned £750, being the fourth share belonging to her of £3000
in another bond by her said brothers, dated 4th November 1775. She
further paid them £250, her fourth share of £1000, in a bond of the same
date as the one last mentioned. The annual rent of these sums the
trustees above named were to pay to William Adam, her husband, during
his lifetime, and to her in the event of her siurviving him. The principal
sums were to be paid to the children of the marriage.^ William Adam was
afterwards the Right Honourable William Adam of Blair- Adam, in the
county of Kinross. He was a member of parliament for Gatton, and
subsequently for other constituencies. He held many important appoint-
ments. He was one of the managers of Warren Hastings' impeachment in
1788 ; counsel for the East India Company in 1802 ; chancellor to George,
Original bond, dated London, 26th December 1776, in Elphinstone charter-chest.
Original disposition, dated Edinburgh, 7th March 1777, ihid.
WILLIAM ADAM OF BLAIR- AD AM. 205
Prince of Wales, iu 1806 ; Treasurer of Lincoln's Inn in 1808 ; Baron of
Exchequer in Scotland in 1814; and in 1816 he was made Lord Chief
Commissioner of the Jury Court in Scotland. He resided in Charlotte
Square, Edinburgh, which was designed by Kobert Adam, his uncle, the
eminent architect, where he died on 17th February 1839. His wife died iu
Lincoln's Inn Fields, 4th February 1800. They had issue five sons, all of
whom were distinguished in the service of the country in several important
capacities. At least two of them, and the son of another, like their kinsmen,
Mountstuart Elphinstone, and his nephew John, thirteenth Lord Elpliinstone,
held high appointments in India. John, the eldest son, as senior councillor,
became Governor General of India on 13th January 1823. He resigned
the office to Lord Amherst on 1st August following. Frederick, the fourth
son, was in 1832 appointed Governor of Madras. He continued in that
office until 1837, when he was succeeded by John, thirteenth Lord Elphin-
stone, his grand nephew. Admiral Sir Charles Adam, of Blair-Adam, K.C.B.,
the second son of William Adam, who succeeded his father in the estate
of Blair-Adam, had a son, the Eight Honourable William Patrick Adam of
Blair-Adam, who from 1853 to 1858, was private Secretary to Lord
Elphinstone, Governor of Bombay, and assisted his lordship in that capacity
during the mutiny of 1857. This AVilliam Patrick Adam became in 1880
Governor of Madras.
William Adam and Eleonora Elphinstone, his wife, bad also one daughter,
Clementina Adam. She married, in 1807, John Anstruther Thomson of
Charleton, county of Fife, and had issue.
The present representative of the Adam family is Sir Charles Elphinstone
Adam, who was created a baronet on 20th May 1882.
Primrose, born at Elphinstone, 12th June 1748, and baptized on the 1 5th by
Mr. William Forbes, minister of Airth.^ Lady Clementina Fleming, her
mother, granted a disposition to her and her sister, Mary Elphinstone, giving
them, equally between them, and their heirs, her movable goods, debts, sums
of money and others, including her household furniture, plate, paintings,
books, prints, horses, carriages, and other movables which should belong to
her at the time of her death. She further nominated Mary and Primrose
her executors. 2
' Birthday Book in Elpliinstone cliarter-chest.
2 Original disposition, dated Edinburgh, 11th July 179S, ihid.
J66 CHARLES, TENTH LORD ELPHINSTONE, 1757-1781.
Primrose Elphiustone, by disposition, dated 5th May 1797, appointed
her sister, Blary Elphinstone, her executor, and bestowed upon her the
whole of her movables which should belong to her at her death. i By her
last testament and codicil Primrose Elphinstone provided legacies to her
brother William and others.^ She died unmarried in London on 18th
January 1802, and was buried in Grosvenor Chapel.^
5. Clementina, bom at Cumbernauld, 26th August 1749. She married, on 31st
March 1785, James Drummond, Esquire, of Perth. The contract for their
marriage bears date at Edinburgh, 10th February 1785. It names her as
the Honourable Clementina Elphinstone, fourtli and youngest daughter of
the deceased Charles, Lord Elphinstone, and Lady Clementina Fleming of
Biggar and Cumbernauld. James Drummond became bound to follow
forth the process in the Court of Session for finding him the heir-male of
the deceased John Drummond, taking on himself the style and title of Lord
John Drummond, and as such entitled to succeed to the estate of Perth, if
it had not been forfeited ; and after decreet in the said process to procure a
grant from his Majesty of the whole lands and baronies of the estate of
Perth : and binds himself to infeft Clementina in liferent after his decease
in the mansion-house of Stobhall, Parks of Stobball, as possessed by Lady
Rachael Drummond, or failing thereof in an annuity of £100 sterling:
further, of a jointure of £600 sterling, to increase with a rise in the rents,
etc. ; and in further security to infeft her in the estate of Perth : also to
pay her £1000 in lieu of furnitiu-e or plate, etc. Further, he binds himself
to convey in favour of himself and the heirs-male of the marriage, whom
failing, to his nearest heirs and assignees, the estate of Perth ; but reserving
power to alter this destination, except as to the heirs-male of the marriage,
with provisions for the issue of the marriage. The lady makes over to
him the sum of £1250 as her portion of two bonds for £5000, granted
by John, Lord Elphinstone, and the Honourable William Elphinstone, her
brothers, to her, to Mary, Eleonora, and Primrose Elphinstone, her sisters ;
and of £250, her share of a bond for £1000 by her brother William to her
and her sisters ; execution to pass on the contract at the instance of John,
Lord Elphinstone, the Honourable William Elphinstone, and George Keith
Elphinstone, her brothers-german.
' Copy cliaposition, in Elphinstone charter- ^ Copy testament and copy codicil, ihid.
Aiest. 3 Birthday Book, ihiit.
CLEMENTINA ELPHINSTONE, LADY PERTH. 267
James Drummond of Perth was created a British peer, with the title
of Lord Perth, in 1797. He died in 1800 and was buried at Innerpeffray.
"Lady Perth died August 31st, 1822, in her house, Park Street, London,
and was buried at Inuerpeffry by [beside] her lord, and two children,
September 22." i
Clementina Sarah Drummond, the only surviving child of James, Lord
Perth, and Clementina Elphinstone, his wife, married, on 20th October
1807, the Honourable Peter Eobert Burrell, who was son of the first Lord
Gwydyr and his wife, who was Lady Willoughby de Eresby in her own
right. Clementina Sarah Drummond after her marriage was styled the
Honourable Mrs. Burrell. On the succession of her husband to the barony
of Gwydyr in 1820, they became Lord and Lady Gwydyr. Eight years
later, in 1828, Lord Gwydyr, on the death of his mother, inherited the
ancient barony of Willoughby de Eresby. His lordship and his wife were
thenceforward styled Lord and Lady Willoughby de Eresby. During their
time, her Majesty, Queen Victoria, and Prince Albert made their first
Highland visit in the year 1842, when they honoured Lord and Lady
Willoughby with a visit at Drummond Castle. Lady Willoughby and
another distinguished Scottish heiress, EHzabeth, Countess of Sutherland,
were prominent leaders in the fashionable world of London. Both ladies
were learned and accomplished in literature and the fine arts. In the corre-
spondence of the late Charles Kirkpatrick Sharpe they figure prominently
as his intimate friends. In one of his letters he praises Mrs. Burrell as a
most charming person ; ^ and in another part of the same volume there
is a portrait of her as Lady Gwydyr.^
The barony of Willoughby de Eresby became in abeyance on the death
of Alberic, twentieth Lord Willoughby, without issue in 1870. The
abeyance was terminated by her Majesty in favour of Clementina Elizabeth
Drummond, dowager Lady Aveland, eldest daughter of Clementina Sarah
Drummond and her husband. Lord Willoughby. On her death in 1888 the
barony of Willoughby was inherited by her son, then Lord Aveland, who
has since been advanced in the peerage by the title of Earl of Ancaster.
Out of respect to the Lady Clementina Fleming many of her female
descendants have been given the name of Clementina for several genera-
tions.
1 Birthday Book in Elphinstone charter-chest.
2 Vol. ii. p. 113. 3 ijyid. p. 146.
i CHARLES, TENTH LORD ELPHINSTONE, 1757-1781.
6. Stewart, born 1753 ; died young.i
7. Charlotte, born 14tli January 1759.2 Her death is recorded in the Scots
Magazine, under date 4tli August 1781. "At Braehouse, near Edinburgh,
the Hon. Charlotte Elphinstone, fourth daughter of Lord Elphinstone." ^
The Birthday Book mentions another daughter born in 1751 and never
christened.
' Birthday Book in Elphinstone charter-chest. - HAd.
3 Scots Magazine, vol. xlii, (1781), p. 446.
/^M?.-^^.
^^<^ C^ J^o'lt^^nortif^^-
269
The Eight Honourable George Keith Elphinstone,
Viscount Keith of Stonehaven Marischal, a distinguished Admiral.
1746-1823.
Lord Keith was a famous naval commander, and achieved great success in
his profession. His naval collection of papers during his long service of half
a century has been carefully preserved at his castle of Tulliallan. It was a
property acquired by him, and to which he retired in his later years. His
daughter, the late Lady William Godolphin Osborne Elphinstone, placed her
father's muniments under the care of the late Mr. Alexander Allardyce, who
formed from them a valuable record of his eminent services. The work consists
of one volume octavo, and is embellished with portraits and other illustrations.
The memoir was published by Messrs. Blackwood in 1882, and forms an ex-
haustive statement of his life. There is not much more to be recorded of him
from the family papers, but in a book like the present, devoted wholly to the
Elphinstone family, it seems expedient to give a short r6sum6 of the life of so
prominent a member, although little can be added to the published memoir.
George Keith Elphinstone, the fifth son of Charles, tenth Lord Elphinstone,
and Lady Clementina Fleming his wife, was born at the Tower of Elphinstone on
7th January 1716. His birth is thus recorded in the family Birthday Book: —
"Their fivet sone was born at Elphinstone, upon seventh day off January 1746
years; and christen'd at Elphinstone upon the tenth day of February by Mr.
James M'^Kie, minister at St. Ninians, and called Georg Keith." ^ He was
named after his grand-uncle the Earl Marischal, who was then living at the
Court of Prussia.2
The late Lady William Godolphin Osborne, who was previously the Honour-
able Mrs. Villiers, widow of the Honourable Mr. Villiers, son of the Earl of
Jersey, told the writer of these pages when he met her at Carberry Tower in
October 1864, that her father. Lord Keith, often told her that he was sent to the
sea with only a five-pound note in his pocket, and was told by his parents to
push his fortune in the world. This was a modest beginning for one who rose
so high in his profession, and who acquired two peerages and great wealth.
This anecdote of the five-pound note came to be frequently referred to in his
family, and it was repeated to me by his daughter when I visited her at Tulli-
allan in 1873.
At the early age of fifteen he entered the navy as a midshipman on board the
" Gosport," under the able command of Captain John Jervis, who gave young
Elphinstone a thorough training in the rudiments of the profession in which he
' Birthday Book in Elphinstone charter-chest. '■^ Life of Lord Keith, p. 5.
270 GEORGE KEITH ELPHINSTONE, VISCOUNT KEITH, 1746-1823.
afterwards rose to such distiuctiou.i In a letter from Charles Gascoigne to his
aunt, Lady Clementina Fleming, in 1761, the following reasons are given why
young Keith Elphinstoue should adopt the naval profession : — " First, he will
acquire his education and business together and without expence ; secondly, he
will, by the time he cou'd be ready to go a second voyage to the E. ludias, have
served his 3 years on board a man of warr, he will be as well recieved into
that service as if he had been his first voyage in it, and he will be qualified for a
luetenant if ever there shou'd be another naval war, for there [is] no probability
of his advancement in this; 3dly, he wont clash interest with Willie,^ if he
inclines to stay on board a man of war." ^ This was surely a humble programme
for the man who afterwards rose to such distinction in that very service ; and we
have further evidence that his brilliant career was quite unlocked for by his
relatives at the time of his entering the navy, for in another letter a few weeks
later it is stated that " twou'd be monstrous to throw away 5 guineas for his
learning navigation for 14 days"* at the academy. Young Elphinstone, however,
was not to be disappointed in this manner, for on his entering the navy he set
himself to learn the principles of navigation and other rules of his art with the
greatest avidity, so that in 1764 he writes home to his father for funds to pay
the schoolmaster of the ship " for compleating me in some parts of navigation,
which I can not do in this service without."^
At the time of Keith Elphiiistone's entering the navy, the country was in a
state of considerable political excitement from the recent accession of King George
the Third, and the threatened resignation of the great Pitt. In a letter from
London, dated 8th October 1761, he writes, " I saw the coronation, and waited on
Lord Elibank in the Hall at the dinner. . . . Their is a great disorder here about
Mr. Pit having resinged, but it is said that [he] had 5 hours conversation with
the King last day, and they say has taken the seals again. The King is to be at
the play to-night, where the mob is to stop the chairs and call Pit and a Spanish
war, as they have stopt the Queen twice to look at her and hissed her in the
play-house." '^
To his grand-uncle, the Earl Marischal, Lord Keith was indebted for much
friendly assistance in the earlier years of his life, and in one of his letters to
his mother, Lady Clementina Fleming, he writes :■ — " I send you a letter from
Lord M., who loaded me with compliments to my father and you and all the family.
He has given me two thousand pounds to help my pay, and has instructed you to
let him know if Will makes a good voyage that he may send me an other." ''
In 1772, and while still but twenty-six years of age, he received his commis-
sion as commander, being placed on board the " Scorpion," and employed on the
coast of Minorca.^
1 Life of Lord Keith, pp. 7, S.
2 His brother William, afterwards William FuUerton Elphinstoue of Carberry.
3 Letter in Elphinstone charter-chest. ■• Letter, ihid. ^ Letter, ibid.
« Letter, ibid. ' Letter, ibid. ^ Life of Lord Keith, p. 14.
HIS SUCCESSES AT SEA. 271
It is unnecessary here to enter into details of his naval career, especially
as this has been so ably and exhaustively chronicled by Mr. Allardyce in his
Memoir of Lord Keith, but a few of the most outstanding events in it may be
noticed.
During his early years he was well looked after by his veteran grand-uncle the
Earl Marischal, with whom he frequently corresponded in an intimate and friendly
manner.
Taking part in the American War in 1775-9, he soon showed his enterprise
and ability by capturing several prizes which were afterwards manned for the
king's service ; and became very popular with the sailors owing to his careful
attention to their comforts aud to the wants of the sick and wounded.^ A letter
which he received about this time from General Prevost testifies to the esteem in
which young Elphinstone was already held. Writing from Cowford, the General
says :—
" Give me leave to assure you, sir, that my pleasure was much increased on finding
that his Majesty's ships employed on this coast were, by his Excellency Lord Howe,
put under your direction, as I well know the active zeal with which you are animated
for his Majesty's service, and have the highest opinion of your abilities to carry it on
with propriety." -
He took a prominent part in the capture of Charlestown in 1780, for which he
was warmly commended by Admiral Arbuthnot and Sir Henry Clinton, and on
his return home was promoted to the command of the " Warwick," and obtained
a seat in Parliament,^ though his roving and adventurous spirit did not admit of
his figuring prominently in this latter sphere.
On 10th April 1787 he married Jane Mercer, eldest daughter of William
Mercer, Esq., of Aldie, in Perthshire ; but two years later, in December 1789, his
wife died at Soarthing Moor while on her way to London, and was buried in the
burying aisle of the Wigton family at Biggar. She left a daughter, Margaret,
who was born on 12th June 1788.*
The next important public service in which Keith Elphinstone took part was
the famous siege of Toulon in 1794,^ in which he was actively engaged under
Lord Hood, against Napoleon Buonaparte, who was then major in command of the
artillery. For his distinguished services on that occasion he received the Order
of the Bath, and on 12th April 1794 was made a rear-admiral." Next year he
was chosen commander of an expedition to the Cape of Good Hope against
the Dutch colonies there, which he managed with considerable tact and success
in the face of overpowering difficulties, capturing the Dutch fleet in Saldanha
1 Life of Lord Keith, pp. 2.5-27. ^ Ljfe of Lord Keith, pp. 59-82.
2 Ibid. p. 31. 3 lUd. pp. 50-52.
* Birthday Book in Elphinstone charter- ^ Birthday Book in Elphinstone charter-
chest, chest, and Life of Lord Keith, pp. 83, 84.
272 GEORGE KEITH ELPHINSTONE, VISCOUNT KEITH, 1746-1823.
Bay, on 17th August 1796, by his prompt and decisive movements, without the
firing of a single shot,i an evidence alike of the ability and humanity of this
famous Elphinstone.
On liis return from the Cape, he was rewarded by the receipt of the following
letter : —
"London, 20th November 1796
" My dear Sir, — I have received your letters public and private, and sincerely
congratulate you on the success which has attended his Majesty's arms under your able
and zealous exertions. I have asked and obtained the king's consent to your having
an Irish peerage to yourself, with remainder to your daughter ; but I am at a perfect
loss how to proceed further, as you give me no hint what title you would wish to take.
— I am, etc., Henry Dundas." -
Paying tribute to the memory of his beloved uncle in the choice of a title, he was
created Baron Keith of Stonehaven Marischal in the peerage of Ireland on 7th
March 1797.3
On 10th December 1799 he was appointed Commander-in-Chief, and employed
against the French in Egypt, sharing with Sir Ralph Abercromby the honour of
directing the famous landing at Aboukir Bay. Lord Keith on that occasion had
tlie " Foudroyant " for his flagship.*
The year 1802 saw several distinguished honours conferred on Lord Keith.
In November of that year a vote of thanks to Lord Keith and the Navy was
moved in the House of Lords by Lord Hobart and seconded by Lord Nelson
himself, and a similar vote was unanimously passed by the Commons. A week
later the freedom of the city of Loudon was conferred upon him along with a
presentation sword of the value of one hundred guineas. Even these were soon
to be eclipsed, however, for on the 15th of December his lordship was created
a peer of the United Kingdom with the title of Baron Keith of Stonehaven
Marischal.^ On 14th May 1814 Lord Keith was advanced to the dignity of
Viscount Keith.
On his return from the Mediterranean he was warmly welcomed by his
numerous friends, and among other congratulatory epistles he received a letter
from the Duke of Wellington, then Marquis of "Wellesley and Governor-General
of India, in which he writes : — " I cannot omit this opportunity of offering to
your Lordship my sincere congratulations on the complete success which has
attended the British navy and army in the late arduous and important services
in the Mediterranean and in Egypt." *^
Lord Keith married, secondly, on 10th January 1808, Miss Hester Maria
» Life of Lord Keith, pp. S3-132. * Life of Lord Keith, pp. 247-274.
2 Ibid. pp. 133, 134. ^ Birthday Book in Elphinstone charter-
3 Birthday Book in Elphinstone charter- chest, and Life of Lord Keith, p. 313
cheat, and Life of Lord Keith, pp. 134-13.5. "= Life of Lord Keith, pp. 317, 318.
INTRUSTED WITH THE CARE OF NAPOLEON BUONAPARTE 273
Tlirale of Streathani and Crowmarsh Battle, Oxfordshire/ a very amiable and
accomplished lady, and as a child the favourite of Dr. Johnson and celebrated by
him as " Queenie."
No sketch of the life of Lord Keith, however short, would be complete witli-
out referring to his brief but memorable association with that most illustrious
figure of the early part of the century — Napoleon Buonaparte. In 1810 Lord
Keith was promoted to the dignity of Admiral of the Eed, and two years later
succeeded Admiral Sir Charles Cotton as Commander-in-Chief of the Channel
Fleet. Tn that capacity he was employed by the Government to assist, as far
as possible, the operations of the British army in the Peninsula against the
redoubtable Buonaparte ; and when, after the decisive battle of Waterloo, and
the precipitate flight of the French army, that monarch saw that his chances of
rallying his kingdom and his forces under him were for ever gone, he surrendered
himself to the British, it was to the care of Lord Keith that he Avas intrusted
before being conveyed to the lonely sea-girt isle of St. Helena. The responsible
and difficult task of dealing with such an illustrious captive demanded the exercise
of considerable tact on the part of Lord Keith, and he found it no easy matter to
act at the same time firmly and courteously to his caged eagle; but at length,
after much negotiation and several personal interviews with the ex-Emperor on the
one hand, and frequent interchange of communications with the Admiralty on the
other, the transfer was satisfactorily accomplished. Strange to say, this memorable
transaction was the last important event in the public career of Lord Keith, as the
peace which followed allowed of his retirement from the navy after fully half-a-
century of important and successful service therein."
His untiring energy and remarkable successes at sea enabled Lord Keith to
amass a considerable fortune, which he invested largely in the purchase of land,
so that at his retirement he was possessed of no small amount of landed property.
His estates included the barony of Stonehaven, which he had purchased about
twenty years previously, probably out of respect for the memory of his ancestors, the
Earls Marischal. He also enjoyed the estate of Banheath in Dumbartonshire, from
which the title of his British peerage was taken, and the lovely grounds of
Purbrooke Park in Hants. Of more interest than these, however, was his pur-
chase of the barony of Tulliallan, in Perthshire, which afterwards became the
principal residence of his family. On this estate Lord Keith erected the pictur-
esque castle in 1820, and spared no expense in the imjirovement and tasteful
arrangement of the grounds.^
Being in the seventieth year of his age when he quitted the service. Lord
Keith did not long survive his retirement from public activity, for, seven years
1 Edinburgh Annual Register, vol. i. pt. ii. p. 244. In the Life of Lord Keith, by Mr.
AUardyce, the date of this marriage is given as 12th December 1808, which appears to be
a mistake.
2 Life of Lord Keith, pp. 350-413, ^ Ihid. p. 415.
VOL. I. 2 M
274 GEORGE KEITH ELPHINSTONE, VISCOUNT KEITH, 1746-1823.
later, on the 10th of March 1823, he died at his castle of Tulliallan, and was
buried in the old church of Overtown.
Margaret Elphiustone, the eldest daughter of Lord Keith, married in 1817
the Count de Flahault, aide-de-camp to Napoleon, and afterwards the repre-
sentative of King Louis Philippe at the courts of Berlin and Vienna, and French
ambassador to the Court of St. James's in 1860. Of that marriage there was
issue five daughters, but no sons. At her death in 1867, the Barony of Keith,
which was entailed upon her and the heirs-male of her body, became extinct.
The eldest daughter of Margaret Elphinstone, Countess de Flahault, was Emily
Jane Mercer Elphinstone de Flahault, who became Baroness Nairne by decision
of the House of Lords on 4th August 1874. She married Henry, fourth
Marquess of Lansdowne, K.G., in 1843, and their eldest son, Henry Charles
Keith, the present Marquess, is now heir in possession of the Mercer and
Tulliallan estates.
A man of untiring energy, indomitable perseverance and surpassing skill in
naval affairs, Lord Keith's career was one unvarying record of success from his
starting as a midshipman in 1761 to his retirement in 1815 as Admiral of tlie
Red. In social life, as one would have expected, his natural qualities of decision,
geniality, and humour, along with his experience of the world and association
with many of the most distinguished personages of his time, both at home and
abroad, combined to make him a favourite in fashionable circles, such as few who
started life in his position might ever hope to experience. And when we con-
sider with this his unvarying care and generosity to those who served under
him, we see in Lord Keith a combination of qualities which unite to mark him
out as a man of eminence even among the members of the distinguished and
noble family to which he belonged.
^um^o^
XX. — John, Eleventh Loed Elphinstone,
The Hon. Anne Euthven, Lady Elphinstone, his Wife.
1781-1794.
John, eleventh Lord Elphinstone, was the eldest son of Charles, tenth
Lord Elphinstone and Lady Clementina Fleming, his wife. He was born
at Elphinstone House on 26tli January 1737, and was baptized there the
same day by Mr. John Bruce, minister of the Gospel at Airth. The witnesses
to the baptism, according to the parish register of baptisms, were Charles,
ninth Lord Elphinstone, the grandfather of John Elphinstone, Alexander
Iness, servant to his lordship, and many others. ^
The records of the family are silent about the first eighteen years of his
life. But as Lord and Lady Elphinstone were at pains to give their children
every advantage possible with which to begin life, it may be inferred that
John Elphinstone received an education suitable to his position as the eldest
sou of the family and heir of the peerage of Elphinstone. He was in
Edinburgh in the spring of 1755 finishing his education.^ On 10th March
of that year he became a member of the Eoyal Company of Archers in
Edinburgh.'
While his younger brothers, William and George, joined the navy,
John Elphinstone adopted the army as his profession. Early in 1755
his parents endeavoured to procure for him an appointment as ensign or
second lieutenant. They communicated their desire in the matter to their
kinsman, the Earl of Panmure, who was at the time in command of the
Eoyal Scots Fusileers, and to Captain Campbell of Ardkinglass. Both of these
1 Birthday Book in Elphinstone charter- Clementina Fleming, dated London, Uth
chest. Also Register of Baptisms in the March 1755, in Elphinstone charter-chest,
parish of Airth. ^ Mr. Balfour Paul's History of the
- Original letter, W. Somerville to Lady Archers, p. 367.
276 JOHN, ELEVENTH LORD ELPHINSTONE, 1781-1794.
officers drew up and signed a memorial in favour of John Elphinstone, which
they presented to the secretary-at-war, who was at this time Henry Fox,
afterwards Lord Holland. They represented that the granting of the
memorial by obtaining a commission for their friend would be a very great
favour to themselves.^
Mr. Fox responded to the memorial in several letters. He first offered
Mr. Elphinstone a commission in a regiment in Jamaica. This, however,
was declined on the pleas that his health did not warrant his proceeding
there, and also that the place was too remote from Scotland.^ Mr. Fox
thereupon obtained for Mr. Elphinstone a commission as lieutenant in a
regiment in Nova Scotia, and desired him to repair to his post immediately.
The letter of Mr. Fox to the Earl of Panmure intimating that he had
obtained this commission is in the following terms : —
" It being iu my power before I received your lordship's letter to give Mr.
Elphinstoue a lieutenancie in Lacelles's regiment in Nova Scotia, which I think is a
much better thing then a lieutenancie iu Jamaica, and being wiUing to make up for my
former forgetfulness, I have procured one for him. The commission is come over : but
he must repair to his post immediately. I hope to hear from your lordship that he
will do so, because, if he decline it, I may send another before the winter comes on.
His Royal Highness says he must, if he accepts of it, go immediately j and surelie his
freinds are to blame if they do not lett him, but that is for their consideration. I only
beg your lordship's immediate answer.
" I am with the greatest respect, your lord.ship's most obedient humble servant.
"H. Fox."3
The commission which John Elphinstone now received was dated 2nd
July 1755. In communicating the letter of Mr. Fox to the parents of Mr.
Elphinstone, Lord Panmure advised them to communicate their intentions
' Original letter, tlie Earl of Panmure to mure to Lady Clementina Fleming, tlated
Lady Clementina Fleming, dated London, Edinburgh, 17th July, and Panmure, 2Sth
ISth March 1755, in Elphinstone charter- July, 1755, and undated and unfinished
chest. letter from her ladyship to the Earl, ibid.
2 Original letters from the Earl of Pan- ^ Copy letter, dated 12th August 1755, »6trf.
HIS RECOMMENDATION TO GENERAL LASCELLES. 277
and arrangements at once to Mr. Calcraft, tlie agent of the regiment.^ In
acknowledging his lordship's letter, Lady Clementina gives expression to
her own and her son's feelings with reference to this appointment, which
he had been instrumental in procuring. She says : —
" I asure your lordship my son and I are very sensible of the obligation we owe
your lordship. Jockie would have waited on you, but Captain I)[uchannan] tells us
you are not to be att home for some time. He is greatly oblig'd to your goodness in
procureing this comision for him : for tho' the regiment is abroad, its not a long voyage,
nor is the climate bad, tho' I wish his E[oyal] H[ighness's] orders had not been .so
peremtare for his going befor the spring "-
Lady Clementina was anxious about her son's health and hence her desire
that he should not leave the country till the spring. She attributed a cough
which he had to his growing so fast, adding that " he is now as tall as my
father was." She states that he had written the agent of the regiment, and
that he and his father were to proceed to Edinburgh to wait on General
B[land], and to get Lord Elphinstone to write to Colonel Lascelles, as he had
been long in the same regiment with him.^
The visit to General Bland just referred to resulted in the General writing
to Colonel Lascelles in the interest of John Elphinstone. The cordial response
of the Colonel deserves to be quoted here : —
"London, September 6th [1755].
" Sir, — I take the first momment to acknowledge the receipt of your letter, and to
assure you, in return to the many prooffs you have always given me of yonr protection
and friendship, I shall upon all occasions pay the greatest regard in my power to ivery
command of yours, and particularly to the young gentleman you have recommended to
my care, who did not want so powerfull an advocate, as he is a grandson to my worthy
friend and very old acquaintance. Lord Elphinstone. And by the picture you have
drawn of my young recruit I 'm convinced his own behaviour will strongly reccomend
him to Lieutenant Colonel Monckton and the corps, which I shall assist by the strongest
1 Original letter, dated ISth August 1755, in ElpLinstone charter-chest.
2 Copy letter, undated, holograph of Lady Clementina, ibid. ^ Letter, ibid.
278 JOHN, ELEVENTH LORD ELPHINSTONE, 1781-1794.
recommendation to both, and I make not the least doubt, but he will be as much taken
care of as if under my own eye. And if Lieutenant Elphinstone likes his situation in
Nova Scotia as much as he will his brother officers, he will not, I'm convinc'd, repine at
his lot, but contribute his share to preserve the harmony that has hitherto subsisted
amongst them, and they are no less remarkable for their sobriety. And in justice to
both, I cannot omit repeating what Governour Hopson told me, ^az. — that the be-
haviour of the corps was such as that he had no room to find fault with any one from
the lieutenant colonel to the drum. I am, etc., P. Lascelles."i
Lieutenant Elphinstone now set out for London with a view to take
ship for Nova Scotia. He travelled to London by the stage coach from
Haddington. Starting from that place on Tuesday morning, he reached
Boroughbridge, in Yorkshire, on Saturday night. By the following Tuesday
he had travelled farther south in the same county to Ferrybridge. From
this place he wrote to Lady Clementina Fleming, his mother. His letter
on this occasion may be given here : —
"Deae Mama — OS my outsetting I need not tell you, for [I] dare say you have
heard it. I overtooke the coach at Hadington on Tuesday at breakfast, and got to
Burrow Bridge on Saturday at nine at night. T went next morning to see Studly
Parke, which belongs to one Aizelbe, and, indeed, it is the prettyest [torn] I ever saw.
I sent my trunk by sea ; but whither it or I will be first at London I don't know.
Give my duty to Papa, and best wishes to all my brothers and sisters, and to all my
well wishers I left att Cumbernauld. I am, dear mama, your most dutiful and obedient
son, John Elphinstone.
"Ferrybridge, Tuesday G [October 1755].
" To the Eight Honourable Lady Clementina Fleming, att Cumbernauld, by Falkirk,
North Britain."-
Lieutenant Elphinstone arrived in London on 10th October.^ He lost
no time in providing himself with his military outfit which included "a
blew froake, and a blew drabe for a great coat," "another froak," "a
■ Copy letter to General Bland, in Elphinstone charter-chest.
2 Original letter, ihid.
3 Original letter, John Elphinstone to bis mother, dated 11th October 1735, ihid.
PRESENTED TO THE DUKE OF CUMBERLAND. 279
swoard, scarfe, spairtoun gorget, a regimental hat," a "field bed" and
bedding, etc.^
Besides attending to his outfit he made several visits. One of these
was to Lord Cathcart at Petersham. He thought he required to be intro-
duced to the royal family. But his lordship informed him that this was
unnecessary. The custom was, he said, "that no army man was caried
further than to the Duke" of Cumberland. At that time the Duke had
no levees, but he undertook to get leave to present him to his Grace at
his own house.- Whether Lord Cathcart presented him to the Duke or not
does not appear, but Lieutenant Elphiustone attended at Court a month
later, and was at the same time presented to the Duke at his levee. This
he states in a letter which he wrote on 25th November 1755, in which he
says, " I was Sunday last at the Court at St. James, and on Munday was
at the Duke of Cumberland levie where I had the honour of kissing his
hand." 3
Another visit which Lieutenant Elphinstone made about the same time
as the one to Lord Cathcart was to General Lascelles. The General invited
him to dine with him. He appears to have asked leave of absence from
the regiment at Nova Scotia, but this the General was unable to grant. He
told him that it was the Duke of Cumberland's commands that all officers
should repair to their posts immediately, and that it was in no colonel's
power to give leave of absence.*
General Lascelles was favourably impressed with Lieutenant Elphinstone,
and in response to a letter from Lord Elphinstone to him, he cordially en-
gaged to take a particular interest in him and to act the part of a father
to him. The extreme friendliness of the letter, and the remarks which he
1 Origiual letter, Charles Dundas to ^ Original letter, John ElpLinstone to his
Charles Elphinstone, dated 14th October mother, ibid.
1755, in Elphinstone charter-chest.
2 Original letter, John Elphinstone to his * Original letter, John Elphiustone to his
father, dated 21st October 1755, ibid. father, ibid.
280 JOHN, ELEVENTH LORD ELPHINSTONE, 1781-1794.
passes upon the subject of this memoir, warrant the letter being subjoined
in full:—
" My Lord, — If the young gentleman that did me the honour of putting your
lordshipp's letter into my hand on Monday last had not been related to your lordshipp,
nor so powerfully recomended, either by you, or my very old acquaintance and very
good ffriend Generall Bland, his person, honest countenance and behaviour would have
strongly inilueuced me in his favour. Your lordshipp will therefore beleive, from every
motive, I shall look upon my young recruit as related to my self in the same degree
he is to you : and, as his parent and Colonel, recomend him in a very jKirticidar
manner to the care of my Lieutenant Colonel and such of the corps as wiU not only
give the young gentleman good advice, but set him a good example ; which is the
best and indeed the only proof I can give you of the ffriendshipp and great respect,
with which I am your lordshipp's most obedient and most humble servant,
"P. Lascelles.
"Richmond, October the 23rd, 1755." i
It had been hoped that Lieutenant Elphinstone would get such leave of
absence from his regiment as would prolong his stay in England or Scot-
land until the Spring. Although hitherto unsuccessful in getting this
arranged, and although Lieutenant Elphinstone intimated to his father
on 6th November that he had arranged to sail for Nova Scotia on the
17th or ISth of that month,- efforts were not abated to get his going
abroad deferred. With this in view it was now sought to obtain for him
an exchange into another regiment, and the aid of Lord Paumure and others
was enlisted in the matter.^
Meanwhile, the exertions made on his behalf were so far successful
that the desired leave of absence was obtained. The period given him
was to the 1st of March 1756. His friends hoped that before that
time they would get him transferred to a regiment in England. He con-
' Original letter in Elphinstone charter- - Original letter in Elphinstone charter-
chest. In a later letter John Elphinstone chest.
describes the General as "a simple, good ^ Original letter, Lieutenant Elphinstone
natured man." to his mother, 17th November 1755, ibid.
HIS HOME CORRESPONDENCE. 281
tinned to reside in London, and in order to employ the time profitably he
attended Watt's Academy for instruction in fortification, gunnery, fencing, and
the French language.^ His attendance there commenced on 21st November.^
During the time Lieutenant Elphinstone was in London his letters
to his parents were frequent. Besides keeping them informed of matters
personal to himself, he occasionally made allusion to the topics of the
day. Thus on 25th November 1755, he writes of the earthquake at Lisbon
whereby the one half of the town, he says, was swallowed up and the
other set on fire, so that the King of Portugal had difficulty to escape
with his life. In the same letter he intimated that he would send his
father three political pamphlets by Mr. Pitt against the parliament.^ In
another letter written by him soon after this, he says : —
" They are throug fitting out my Lord Albemarls command to reinforce Martonique,
if wanted, and if not I hear to go to Cuba, tho' last night the talk was all peace ;
my Lord Bute, as I'm told, having declared in the House that the Eussians would act
no more against the interest of G[reat] B[ritain]. The Duke of Bedford last week
spoake a deall upon recaling the troops from Gen[oa], and was answered by Lord Bute
in a most geuteel and cleaver speech. It was caried by a vast majority against his
Grace."-*
Lieutenant Elphinstone was now soon to cross the Atlantic. He had
failed to get the exchange which he sought, and events were transpiring
which would shortly necessitate his joining his regiment. In the quarrel
between Britain and France, North America became the theatre of war.
Lord Loudoun's regiment of Highlanders was despatched thither. When
he learned of this expedition he communicated his information to Lady
Clementina, his mother. On 27th Janiuiry he writes : —
" I now find I must lay asside all thoughts of staying any longer in England and set
about going to America, for last Sunday it was finally [decided] that an expedition
^ Original letter to his father, Charles Elphinstone, 20th November 1755, in Elphinstone
charter-chest.
2 Letter, Charles Dundas to Charles Elphinstone, 20th November 1755, ibid.
3 Original letter, ibid. ■* Letter, ibid.
VOL. I. 2 N
282 JOHN, ELEVENTH LORD ELPHINSTONE, 1781-1794.
should be fitted out to go to America, the command of which is to be given to my
Lord Louden, who will have power to give away aU commissions in that part of
tlie world under regiments : And I have been told that he is even to have the name
of Vice-Roy of I^. America, but this last I dont answer for. But I may say no
Scot[c]hmau ever had greater power then he will have. (Lord Rothes and Tarawly were
both aslc[ed] but declined, the last for want of health, but tother for reasons I dont
know.) He is to have with him Colonell Abercromby, who is to be imediately made a
Major General. There is to be three regiments sent, viz., the Highlanders, who are to
[be] augmented to 1000, Otways and Murrays : but if this should not succeed, all I can
[say is] that at present everybody hase it so." ^
By the beginning of February John Elphinstoue received orders to set
out for his regiment by the first ship that sailed for Nova Scotia. He got a
letter from Lady Stair to Lord Loudoun in case it might be helpful to him.
Au embargo placed oxi the shipping caused some delay to him, but he
reached Halifax, in Nova Scotia, in the middle of July, 1756.
His first letter home is devoted to a description of the town of Halifax
and of his circumstances in it. The letter proceeds as foUows : —
" It. is now pretty large, and is situated upon [the] side of a steep hill, at top of
which is a fort called the Citadel, which commands the whole place, and at bottom a
large harbour, where is at present three men of war, and expects in Comadore Homes
with three sail more every day. It is well picketed round, and at present hase three
regiments quartered in it, excepting those that are upon out commands, of which there
are four or five that are relived once two years ; and in these there [is] always a captain
and never less than four subalterns, and oft times more, as some of them are one hundred
miles cross the woods from this. A few days ago a party came in here from Pisguid,
which is one of them, and brought an account of a sergeant and six men being killed
and scalped within a mile of the Fort by the Indians and French. And besides these
yearly ones, there are four that are nigher the town, in which there is a subalterns com-
mand, and they are relieved every two months, from one of which I am just relieved,
thauk God, before the winter came on, otherways I should have stood a chance of
starving, or at best coming of with the loss of a toe, which I assure you hase often
hapencd to the soldiers." -
' Original Letter to Lady Clementina Fleming, 27th January 1756, in Elphinstone
charter-chest. - Original letter, 2n(i October 1756, ibid.
PERMITTED TO JOIN LORD LOUDON's EXPEDITION. 283
Lieutenant Elphinstone states further in his letter that Lord Loudoun had
gone to Albany, that there were no fresh provisions but what came from New
England, which were excessively dear, and that other things were likewise
dear. He dined with the officers of his regiment in the mess. Dinner
alone cost each one fifteen shillings a week. The officers breakfasted and
supped with one another by turns.
He was still at Halifax in August 1757. He then reports to his father
an important step which he had taken, a step which shows his desire to get
into more active service than he then had. He applied to be allowed to join
Lord Loudoun in an expedition which was then intended. The circumstances
will be best stated in his own words : —
" Upon Lord Loudon's arrival here, there was a number of men, equal to a battalion,
draughted from the three regiments doing duty at Halifax, to go with him upon some
intended expedition, to which body wa.? put the oldest officers of each rank. By [this]
means I was excluded ; but being very desireouse of going, and fancying it might be some
use to me some time or other, [I] went to General Abercromby to aske his advice whither
lie thought it would be right in me to ask to go, as I was not one of the officers that
was appointed ; to which he answered he thought it was very right, and dared to say
Lord Loudon would give me leave, but desired [me] to get the commanding officer of the
regiment's leave, which you may belive, I soon obtain'd when put on that footing. So
that I now go to Louisburg, or where ever else the army goes, which is an indulgence not
an other officer here hase met with, althoug some have asked. Most people here say that
I was much in right for asking, so that I flatter myself with meeting with your apro-
bation, which will make me extreamly happy for I never would have undertaken any
such thing without your consent had there been a possibihty of letting you hear
from me." ^
What this change in Lieutenant Elphinstone's circumstances, brought
about in a way and guided by motives most honourable to him, led to does
not appear. There are no letters by him reporting his movements for
more than a year thereafter, or until November 1758. His cousin, Charles
Gascoigne, states that he had information that " Lascells regiment
' Original letter to his father, 4th August 1757, in Elphinstone charter-chest.
284 JOHN, ELEVENTH LORD ELPHINSTONE, 1781-1794.
are gone to Boston in New England, where we may direct for Mr. Elpliin-
stone."!
A letter written in November 1758, about Lieutenant Elphinstone,
deserves notice here. It is penned by David Mill from New York, and is
addressed to Lord Elphinstone. Among other things, he says in reference to
the Lieutenant — " I can say he is very sober and well liket in the regiment."
He had delivered his letters to him when he was at Louisburg. He then
refers to the regiment, and indicates that there had been considerable fighting
with the French. He writes : —
" Our regiment is all heare, and to remain all winter. It's the head quarters ; and
a very gay place it is. I have had a long summer of it with my wounds, but his now
got the better of them. I had tow shot in the head which give me great pain for a
long time. It was hot work, and I supos we shall have the same sport to play over
again. I don't meen to be beat tho' ; I hop we shall beat the French doggs for once
the its a countrey for a war, that wood feighting. I wold rather be at Kill-
drum or even at Faniesid." -
Judging by the terms of this letter. Lieutenant Elphinstone, and his
regiment, must have seen active service and been exposed to considerable
danger. He was at New Brunswick on 2nd December 1758;* but he did
not remain long there, and was in New York before the close of that month.
While on his way to New York he had the misfortune to lose the whole
of his baggage, a loss which he estimated at the value of one hundred
pounds. He was thereby necessitated to get an entire new outfit. This
unfortunate circumstance was brought about in the following manner :
Lieutenant Elphinstone was marching with the Forty-Seventh regiment
from. Boston to join General Abercromby at Lake George. General
Amherst gave orders that no officer should take with him more than a
• Original letter to Lady Clemeutina ClementiuaFleming when he went to America
Fleming, dated Loudou, I7th October 1758, iu or about tbe year 1758. [Undated letter,
iu Elphinstone charter-chest. Lieutenant Elphinstone to his father [1759],
-Original letter, 20th November 1758, ibid.] He may have been one of Lord Elphin-
ibid. David Mill brought letters to Lieutenant stone's tenants.
Elphinstone Irom Lord Elphiustoue and Lady ^ Bill of Exchange, ibid.
THE LOSS OF HIS BAGGAGE. 285
soldier's tent, a blanket and bear skin, and as few other things as possible.
As Lieutenant Elphinstone belonged to the Grenadier Company, which was
separated from the regiment, he had no opportunity of carrying more than
four shirts, as many pairs of stockings, and what clothes he could carry on
his back. The baggage of the officers and soldiers, including all the new
clothing of the regiment, which was being conveyed by sea to New York,
was seized by a French privateer.^
Lieutenant Elphinstone had to draw upon his parents to have this loss
made up to him, a loss which he informed them was not through extrava-
gance or fault of his, but absolutely the fortune of war. The response which
they made to his application evoked his thankful acknowledgment. He says,
" I can't sufficiently express my gratitude to you for your so readily accept-
ing my bill, and for the pain you seem to feel for the lose of our bagage." ^
The Earl of Panmure, to whom Lady Clementina had communicated the
matter, in replying to her ladyship, says, " I am very sorry to hear of Mr.
Elphiustons loss by sea. His baggage will be a very great want to him,
but I hope may be made up in his winter quarters, where I 'm glad to hear
he is safe, and I suppose one of the best in that part of the world." ^
The anticipations of Lord Panmure regarding Lieutenant Elphinstone's
new quarters were not quite realised by the latter, who, on 20th January
1759, writes, "I am at present confined to my room under the care of Mr.
Huck, phicitian to the hospital, and Doctor Barr, for a violent feaver which
I have had, but thank God I have now n[ear]ly got the better of it,
having no other complaint but weakness." * The illness to which he here
refers continued for at least thirteen weeks, during which time he remained
confined to his rooni.^
1 Original letter, Lieutenant Elphinstone undated, ibid.
to his father, dated New York, December ^ Original letter, 22nd February 1759, ifciW.
24th, 1758, in Eljihinstone charter-chest. * Original letter to his mother, ibid.
2 Original letters to his mother, New = Original letter to his father, undated,
York, January 20, 1759, and to his father, ibid.
2SG JOHN, ELEVENTH LORD ELPHINSTONE, 1781-1794.
Previous to his coming to New York, General Abercromby offered to
allo-w Lieutenant Elphinstone to return to England, but he elected to remain.
Eeferring to this, in his letter to his father of 21th December 1758, already-
quoted, he writes : —
" I would have seeu [you] this winter had it not been that I wou'd not take
upon myself an aflfair of such consequence without your and Lord Panmure's aproba-
tiou, for I do assure you I had General Abercromby's leave to go to England this
winter. He base given me his word and honour that he will obtain me the Secretary
of War's leave to return at the end of next campaing." i
The friends of Lieutenant Elphinstone were grateful to General Aber-
cromby for this and other attentions. Lord Panmure wrote to Lady
Clementina, " I 'm very much oblig'd to General Abercromby for the notice
he has taken of Mr. Elphinstone, and will be sure to thank him at meeting." ^
Lieutenant Elphinstone from first to last during his connection with
the army aspired after promotion. The subject continually crops up in his
correspondence. It was as a means to this end that at this period the
proposal that he should sell his commission and purchase another was
revived, and found a large place both in his own letters and in those of his
friends. But notwithstanding strong desires followed by strenuous exertions
and the employment of powerful influence, now, as well as afterwards, as will
subsequently appear, circumstances did not favour the realisation of his
cherished desires.
Meanwhile extensive preparations were being made by the British govern-
ment for the capture of Quebec from the French. The squadron which
was to take part in the operations, and General Wolfe who was to command
the land forces, sailed from England about the middle of February. Lieu-
tenant Elphinstone's regiment was to engage in the expedition. Writing
to Scotland about this date, he sa)'s : —
1 Original letter, also another, dated 10th May 1759, in Elphinstone charter-chest.
2 Original letter, Panmure, 22nd February 1759, ibid.
HE TAKES PART IN THE ATTACK UPON QUEBEC. 287
" Our regiment is at present under marching orders ; and we expect to embarke
for Louisburg in a fortnight or three weeks at farthest, as we are one of those destined
to go up the river St. Lawrence under the command of General Wolfe." ^
The departure of his regiment from New York took place in May 1779.
The squadron which sailed with General Wolfe from Spithead, as already
stated, arrived off Louisburg on 21st April, but the entrance of the harbour
being blocked with ice, they sailed for Halifax, which they reached on 1st
May. By the 10th of that month Laseelles's regiment, to which Lieutenant
Elphinstone belonged, was embarked on board a ship and ready to sail for
the purpose of joining this naval force. Under that date he writes from
Sandy Hook :
" I 'm at present as sick as can be with the tossing of the ship, which I hope will
be some excuse for the many errors that may be in this. We expect to sail this night
or tomorow for Louisburg, from whence I will do myself the honour of writing to
Lady Clemy." ^
The promised letter from Louisburg is not forthcoming, and may never
have been written. But by the end of May the regiment of Lieutenant
Elphinstone had joined the squadron. On 6th June Admirals Saunders
and Holmes sailed up the St. Lawrence with the rest of the squadron,
including a hundred and twenty transports, having on board among other
regiments that of Lascelles. The forces of the different regiments numbered in
all about ten thousand men under General Wolfe.^ On 27th June the troops
were landed upon the Isle of Orleans. Thereafter positions were taken up
and fortified on the point of Levi and on the westernmost point of the
Isle of Orleans, from which they could bombard the town of Quebec.-*
Operations for the taking of the town were still being conducted at the
close of July. It was then resolved to adopt the first opportunity of attack-
ing the enemy. Preparations were made for an engagement. On 31st July
• Original letter to his father, undated, in Elphinstone charter-chest.
2 Original letter to his father, ibid.
3 The Scots Magazine, vol. xxi.pp.314,375. * Official Despatch, !7-»i. pp. 541, 542.
288 JOHN, ELEVENTH LORD ELPHINSTONE, 1781-1794.
the boats of the fleet were manned with grenadiers and part of a brigade.
Other dispositions of the troops, artillery and some of the ships were
made.^
The attack which followed these arrangements, in which Lieutenant
Elphinstone, one of the grenadiers, was wounded, will be best described in the
words of General "Wolfe in the despatch which he sent to Mr. Secretary Pitt.
In this despatch the General pays a high compliment to Mr. Elphinstone
and the other officers who were wounded in the engagement. He says : —
"The thirteen companies of grenadier.?, and 200 of the second Eoyal American
battalion, got first on shore. The grenadiers were ordered to form themselves into four
distinct bodies, and to begin the attack, supported by Brigadier Monckton's corps, as
soon as the troops had passed the ford, and were at hand to assist. But whether from
the noise and hurry at landing, or from some other cause, the grenadiers, instead of
forming themselves as they were directed, ran on impetuously towards the enemy's
intrenchments, in the utmost disorder and confusion, without waiting for the corps
which were to sustain them and join in the attack. Brigadier Monckton was not
landed, and Brigadier Townsliend was still at a considerable distance, though upon his
march to join us, in very great order. The grenadiers were checked by the enemy's
iirst fire, and obliged to shelter themselves in or about the redoubt which the French
abandoned upon their approach. In this situation they continued for some time unable
to form under so hot a fire, and hiiving many gallant officers wounded, who, careless
of their persons, had been solely intent upon their duty." -
General Wolfe called his attacking force off, that they might form them-
selves behind Brigadier Monckton's corps, by this time drawn up on the
beach. He also deemed it inexpedient to renew the attack, as the hour
was late and a sudden storm had come on.^
Lieutenant Elphinstone is named among the wounded at the end of the
despatch of Wolfe in the return which he made of them.* :Mr. Elphinstone
himself reports that " the day I was wounded, there were 28 officers wounded
1 Official Despatch of General Wolfe. [The Scots Magazine, vol. xxi. p. 543.]
- The Scots Magazine, vol. xxi. p. 54.'?. ^ /j,,;. i /j,,-^ p. 544.
SHOT IN THE NECK DURING THE ATTACK. 289
and one killed, our youngest lieutenant ; " and he adds that " this was pretty
well out of 9 companys and in about five and twenty minutes." ^
When on 10th August Lieutenant Elphinstone intimated to Lady
Clementina Fleming that he was wounded, he did so in a very modest
manner. He gave no account of the fighting, for a reason which he assigns.
He had to employ a borrowed hand. The portion of the letter personal to
himself is as follows : — •
"Isle Orleans, 10th August 1759.
" Dear Madam, — . . . I am at present confined to my tent by a gun shot wound
which I receiv'd on the 31st July last as we were attempting to force the enemy's
intrenchments. You '11 accuse me iu not writing the detaU of the whole because I do
not know how it would be liked if known by the Great.
" All I can say is I am wounded iu the neck and in a fair way of doing well, and
so much that I expect at a week or a fortnight to join the grenadiers again. Pray
present my best wishes to Panmure the first time in your writing. I shou'd think
it in his power, if he desired it, to get easily such a one as I something better ; but,
however, we must be contented in this world. Present my duty to my father, and
best wishes to all. I '11 answer Miss Elphinstoue's letter by the first opportunity,
and you may depend upon hearing from me. I am, with the greatest respect and
esteem, dear madam, your most humble servant, J. Elphinstone.
P.S. — You'll excuse my letter being so short, as the man that wrote it cou'd not
readily understand what I said. — J. E.
[Address on back] "To the Honourable Charles Elphinstone at Cumbernauld,
near Falkhk, North Britain." ^
A month later he wrote again to Lady Clementina, and reports to her
fully about his wound. He says —
" My wound, thank God, is now mending fast. I have not half the pain in it I
had some weeks ago. Both the holes are stil open, from whom flows a great discharge.
It is rather disagreeable for it to come within, but it can't be helped. We have drawn
several bones out. I mean by we, the doctor and myself, for he tooke one out of the
outside, and I three from the inside hole. The doctor says it is very lucky they are
1 Original letter to Lady Clementina Fleming, 12tli September 1759, in Elphinstone
charter-chest. 2 Original letter, ibid.
VOL. I. 2 0
290 JOHN, ELEVENTH LORD ELPHINSTONE, 1781-1794.
got in that maner, for al tlie brocken bones must come out before eetlier of holes will
be alowed to fill up.
" I had uo sooner got a little easy from my wound but I was attack[ed] with a violent
rumatism which has settled in my shoulders and neck, and so contracts the tendents of
my neck that have been cut, and are not as yet joined strong enough to cary the wight
of my head, so that of all the pains I ever felt in my life this is by far the most severe;
whowever, as it is not deadly, I have nothing for it but patience and lianneUs as hot
as I can suffer them." i
Lieutenant Elphinstone was prevented by his wound from taking any
further part in the war, and was not present in the second and successful
assault on Quebec, when General Wolfe fell, on 13th September 1759. In
accordance with the doctor's advice, he purposed to remove to Philadelphia
and reside with a private family. But if he did this, he did not remain long
there. He himself was anxious about his head, which, he says, was fully three
inches to one side from its proper place. His doctor held that this would
through time be remedied if he lived moderately and kept himself warm.^
Lady Clementina Fleming, his mother, was particularly anxious about
her son. She applied to several persons about him whom she knew were in
the way of receiving letters from the seat of war. One of these. Colonel
Hare, who had just come to England from Canada, stated that the lieu-
tenant's wound was not dangerous, and that he was well recovered and walk-
ing about the camp, when he, the colonel, left Canada. One correspondent
assured her ladyship there would be no difficulty in getting " Jockey " leave
to come home this winter ; " for consider," he said, " these Quebeck Hero's
are at present in high favour." Lord Panmure, the unfailing friend of the
family, also endeavoured to reassure Lady Clementina, and added that he
hoped to hear of his preferment which his services entitled him to.^
There was undoubtedly strong mutual affection between the mother and
' Origiual letter to Lady Clementina Flem- - Original letter to Lady Clementina Flem-
ing, Isle of Orleans, 12tli September [1739], ing, 12th September 1759, ibid.
in Elpliinstone charter-cheat. 3 Original and copy letters, ibid.
AFFECTIONATE LETTER FEOM HIS MOTHER, 1759. 291
son, and this would only give the keener edge to her anxieties for him.
There is no letter written by her at this period preserved, but a fragment of
one, written to Lieutenant Elphinstone just before she received word of his
being wounded, shows that she had continual fear for his safety. As bring-
ing out this, and as showing the affectionate interest she had in him, it may
not be out of place to give the letter here. It proceeds —
" Here is your frind Charles Dundass ; poor man, he is much brock in his spir[i]ts
Your cusine Gass[coigne] is now marieed to Miss Carbett. It may be proflttable, but
as yet there is no settellments. Mr. Iness is here, who, I dare say, dayly prays for
your preservation. He begs to be remember'd to you. Keith is very well ; but his
way of life is not as yet determined, but you may be sure I '11 never wish him a soger
after the misery that trade has been to me, and the everlasting fear I 've been and still
is in about you. Your sisters are very well, and dear wee Charlote a fine infant as
you could wish her All your frinds are in very good health att present. We have
been ofen asured of Lord Marichall haveing got his pardon, and being to be home
imediatly, but I have no certainty for it. Att present he is att Bladrid ane embassey
from the King of Prussia ; but I hope to be sure befor I writ again to you, and that [I]
may doe that very selldome after this is my earnest wish to the place of the world you
are now in. Jlay all happyness attend you, my dear. May you live in honour, and
make us all happy, is the prayer of your affectionate mother, Clem. Fleming.
"Cumbernauld, September 4th, 1759." ^
Lieutenant Elphinstone was returned to London by the end of November
1759. If he left the shores of his country an untried officer, he was now on
his return no longer so. He was thenceforth one of the Quebec heroes, a
designation already applied to him in a letter above quoted. He had taken
his part, as a lieutenant of the army, in adding to the British possessions the
great Dominion of Canada, of which Britons have since been so proud. His
wound and the despatch of General Wolfe were sufficient proof that he was
possessed of courage.
His passage from Quebec to Portsmouth occupied twenty-two days.
When he arrived in London he at once consulted Mr. Adair, whom he
1 Holograph letter of Lady ClementiDa Fleming in Elphinstone charter-chest.
292 JOHN, ELEVENTH LORD ELPHINSTONE, 1781-1794.
describes as one of the first surgeons in London, as to whether his head could
be brought to its proper position. His reply was that the cure would be
tedious, taking not less than a year.^
The correspondence of Lieutenant EljDliinstone from the time of his
arrival in England till the following April is chiefly taken up with his own
and his friends' endeavour to obtain his promotion, and does not require
particular notice taken of it. There are, however, several letters belong-
ing to this period which claim some attention.
On 16th [March] 1760 he wrote to Lady Clementina, his mother, that
" unless something very unforeseen should happen, I '11 certainly set out for
the north, by the 1 5 of April at farthest, with Gascoigne." He also has the
following in the letter relating to the family arrangements of his parents : —
" I was a good deal surprised by a letter from my uncle Buchan to Gascoigne some
time ago, where, amongst other news, he tela him that Mr. Elphinstone base taken a
house and stables for his horses in Edinburgh. But as I Lad letters both from him
and you since, and neither of you said a word of it. I concluded my old uncle's
intelligence to be primature. But since we have heard that it is so, and that you enter
in to it at Mayday, I hope this base arose only from your taking a house for Dolly and
the girls while they are at school, as I belive it would not be very agreeable for you
to live in toun, particularly in the summer, and I know it would be very hurtful to
papa, considering how diflfereut a life he must lead from that in the country. How-
ever, if it is already so, I hope you will forgive the freedom I have taken." -
To this letter Lady Clementina replied that she had " my dear Jockie's
letter ; " that she was glad he had fixed the day for his visit to her, and that
she hoped he would keep it. After giving him some directions, and also
news about their friends, she says, in regard to the family arrangements
alluded to —
" Its very true we have taken the house Mr. Home lived in, and it has a stable
' Original letter to Lady Clementina Fleming, London, 29th November [1759], in
Eli>liinstone charter-chest.
- Original letter to Lady Clementina Fleming, ibid.
HELD IN GOOD ESTEEM BY HIS FRIENDS. 293
But we doe not proposs going till winter, and only for winter amusement to the old
ones, and scholls for the bairns." ^
As showing the esteem which Lieutenant Elphinstone was held in by his
friends, a letter from Claud Hamilton may be here adverted to. Lord
Elphinstone had written Mr. Hamilton thanking him for some service he had
done for his son the lieutenant. In replying to his lordship Mr. Hamilton
speaks in flattering terms of Mr. Elphinstone. He says he only wished he
had it in his power " to do for him what he deserves, being extremely brave,
and as good an oQicer as perhaps any of his standing in the army. I have
the pleasure to tell you that he is a very pritty young fellow, esteemed and
beloved by all his friends and acquaintances : and as he has so good a
charecter and suffered so much in the s[erv]ice, I think it will be hard if his
friends can't get a company for him upon this occasion." -
A letter which Lieutenant Elphinstone wrote to his sister, Miss Elphin-
stone, on the occasion of the death of their little sister, as it shows the kind
and sympathetic feelings which he entertained towards those so nearly
related to him, deserves at least to be partially quoted. He writes —
" Dear Mally, — I last night received yours, which gave me an account of our poor
little sister's death, for which I am very heartily sorry for, particularly when I consider
what a shock it must give to so good a tender hearted mother, but I hope her own
good sense, together with your and the rest of the familys company, will prevent her
being too deeply effected with a loss which is not in our p[ower] to hinder. I am
happy to hear of the recovery of the other three from so troublesom a disorder. I am
as yet uncertain when I shall be able to leave this, but the moment I am shall loose
no time in being where I have long wished to be, at Cumbernauld. . . ." ^
It has been already seen that Lieutenant Elphinstone arranged to visit
his parents on 15th April 1760. This he does after an absence from home
1 Original letter, Lady Clementina Fleming to Lieutenant Eljjhinstone, 31st March
[1760], in Elphinstone charter-chest.
2 Original letter, London, 14th January 1760, ibid.
3 Original letter, London, 9th February 1760, ibid.
294 JOHN, ELEVENTH LORD ELPHINSTONE, 1781-1794.
of between four and five years, and after holding his commission in the army
for that period.
Lieutenant Elphinstone had evidently been anxious to receive promotion
or some military appointment before proceeding to Scotland. This he now
obtained. King George the Second granted him a commission to raise a
company of foot. The company was to consist of four sergeants, four
corporals, two drummers, and one hundred effective private men, besides
commissioned officers. It was to be raised in any part of Great Britain
desirous of completing it to the number mentioned. The commission, which
is superscribed by the king and subscribed by Lord Barrington, is dated 14th
April 1760. Lieutenant Elphinstone is therein designed by the king "our
trusty and well beloved John Elphingstone, gentleman, commandant of a
company of foot to be forthwith raised for our service." ^
The period when this commission was granted was one of alarm. The
British had been victorious in Hindostan, in Canada, and in Germany. But
while the bulk of the British forces was abroad, the movements and doings
of the French squadron under Captain Thurot along the coasts of Scotland,
and also of Ireland, and the formidable preparations of the French for
invading Britain, drew attention to the defenceless state of the country. The
adoption of measures for its greater security was called for, and a national
militia for Scotland was demanded. Although parliament refused the
demand for a militia force, there can be little doubt that the raising of this
company was the outcome of the general alarm then prevalent.
From the time of his obtaining this commission Mr. Elphinstone took
and received the designation of Captain Elphinstone, which indicates that it
carried with it that rank. Captain Elphinstone now came to Cumbernauld,
which he made his headquarters. He appears to have possessed the right to
name or appoint his own lieutenants ; and the method he took was to prefer
1 Copy commission in Elphinstone charter-chest.
CAPTAIN ELPHINSTONE GOES TO BATH FOR HIS HEALTH, 1762. 295
to that rank in his company such as raised and marched to his headquarters
thirty men.^
Captain Elphinstone did not long remain in Scotland. He had returned
to London by the close of the following year, 1761, or the beginning of
1762, when his correspondence from there with his friends in Cumbernauld
is again resumed. He was then in Colonel Irwin's regiment, which, it would
seem from his letters, expected to proceed to Jamaica. Captain Elphinstone
resolved that he would not go there, unless he was induced to do so by getting
promotion. While he remained in London he sought to get some other
advantageous military appointment, but without success, although from time
to time he applied to very influential quarters for it.
His health was not good in London. His colonel, with great considera-
tion for him, gave him the option of going to Bath, which he thought would
benefit his neck, or anywhere else, on recruiting service. This was in Feb-
ruary 1762.2 On the 13th of the following April he writes : —
" As I am now greatly better in my health, tho it would still thoall amends as
well as my purse, I propose leaving this soon for Bath, in my way to Haragate, that
being fixed with my military as well as physicall masters, so that I think it will be
the middle of August before I see you." ^
Nearly two months later Captain Elphinstone writes that he had waited
upon Mr. Townshend, the secretary for war, and asked him if he could employ
him in any way. The Secretary replied that he could not do so to his advan-
tage ; but he gave him leave to go north when he saw fit for his health.*
Before following Captain Elphinstone on his return to Scotland, it may
be noticed here that Charles, Lord Elphinstone, his father, devoted himself
1 Original letter, Daniel Seton to Captain ruary 1702, ibid.
John Elphinstone, Cumbernauld, claiming a it.. i. t i ni 4-- ■i?i„.„;„„
,. . , T , ^r.^; , -i T. 1- , 1 Letter to Lady Clementina Fleming,
lieutenancy for John jM'Gucnnst, iidinburgb, .
29tli September 1760, in Elphinstone charter-
chest. ■• Letter to his father, without date, but
- Letter to his father, Loudon, 20th Feb- bearing postmark of 8th June [1762], ibid.
296 JOHN, ELEVENTH LORD ELPHINSTONE, 1781-1794.
with some ardour to gardening and arboriculture. In the period now dealt
with, as well as when he was in America, Cajptain Elphinstone took pleasure
in collecting tree seeds and shrubs for him, and his letters frequently refer to
his doing this. The following, written by the Captain at this time, may be
taken as an example of what is now stated : —
" I have bought fourteen different sort of tree seeds, mostly of the piue tribe, which
I shall send you as soon as au opurtunity offers. They must be put into pots or
boxes, so that they may be lifted for the first winter, tho' for my part I see no
reason why they should, as they are mostly Americans, where the winter is so much
severer then ours, unless this present one, which is worse then any where, having had
snow every day more or less for this fortnight. But it is the gardner's advice, so
wou'd have it done. The way to open the cedar of Lebanon is by boring a hole from
one end of the coan tother, and then driving [in] it a square pice of wood which will
open it, and by that means come att the seed ; the common way is not so good, which
I 'm told is either puting it [in] water, or driing them much. I intend speaking to
the Duke of Argyle for an order for some of his nursery, as I [am] sure he has many
more then he can have use for, but if you was to send, you would gett them." ^
Captain Elphinstone soon after this returned to Cumbernauld, and his
letters to his parents, which have hitherto been so useful in supplying so
much of the information about him recorded in these pages, cease from this
time.
It was about this period also, probably in the beginning of 1764, that
Captain Elphinstone was married to the Honourable Anne Euthven, eldest
daughter of James, third Lord Euthven. On 31st January 1765, his
daughter was born at Cumbernauld.- A few years later, references to his
1 Original letter to Lord Elphinstone, James Stewart. There is a small bag for
London, 7th March 1762, in Elphinstone you. Mr. Elphingston, I think, loves garden-
charter-chest. With reference to Charles, ing. I remember he gave [us] subterraneous
tenth Lord Elphinstone's taste for gardening pease. The turnips here far surpass any I
it may be added here that the Earl Marischal, ever eat elsewhere." [Original letter in
writing from Potsdam, on 27th February Elphinstone charter-chest.]
1768, to his niece, Lady Clementina Flem-
ing, says, " I have sent turnip seed to Sir ^ xhe Scots Magazine, vol. xxvii. p. 55.
REFERENCES MADE TO HIS CHILDREN. 297
cliildreu appear in the letters of Earl Marischal to his niece Lady Clementina
Fleming. On 27th February 1768, the Earl writes to her ladyship, saying,
" I wish you joy of your fourth grandchild. Are they all daughters ? If they
be, John must get four sons in the four following years." ^ In other letters
he sends his compliments to " the bairns and the bairns bairns," and inquires
as to the number of John Elphinstone's children. On 16th October 1768, he
writes to Lady Clementina, " I this moment have yours of the 1 5 September,
aud again wish you joy of the merry meeting. I had John's letter in which
he tells me the honor he has done me in naming his daughter Keith.^ I
thought you had a house at Biggar, but I find he has hired one." ^
Another and still later reference to Captain Elphinstone's family, and
especially to his eldest son and successor, who is called therein " Young Jock
of Biggar," by the parish minister of Biggar, is worthy of notice, and the
letter containing it may be given in full. It may be taken as representing
the feeling in Biggar at the news of the birth referred to therein.
"Biggar, June 23d, 1774, and our Fast-day evening.
" My dear Sir, — The warm anxiety we were under for some time to hear from you
made your letter with the joyful news it carried the most agreeable to receive. The
honest Baillie, late and wet as he was, gave in your's ere he went home, and all in and
out of bed had the joy communicated to them by Mrs. Johnston, who received the
BaiUie's tidiiig.s first.
"And now allow the most sincere and hearty congratulations of all this house on
so happy an event. Nor I hope will you reject the old fashion'd stile of the parson of
Biggar in his most ardent prayers for good Mrs. Elphinstone's happy recovery and
full re-establishment of health, with the good thriving of the young gentleman, as well
as the encreasiug happiness and prosperity of all the family ; and, if you will forgive
a particular mention of the Baillie's favourite, Youiui Joel- of Biggar.
" As it has been my determined purpose of long, that my first departure from
home after getting parish busieness over should be to pay my respects where so long
due (to my shame be it spoken), I am fully resolved, if nothing unavoidable bar it
1 Original letter in Elphinstone charter-chest.
^ This daughter, Keith Elphinstone, was the youngest of the family, and afterwards
became Mrs. David Erskine of Cardross. ' Original letter, ibid.
VOL. I. 2 P
298 JOHN, ELEVENTH LORD ELPHINSTONE, 1781-1794.
not, to do myself the honour of a visit at Cumbernauld House week after next. I
shall be happy to find you at home ; but I promise myself the high pleasure at any
rate of seeing Mrs. Elphinstone, to whom with your own honour, my lord and lady
if not gone, the young ladys and all the family, our most respectful compliments are
sincerely offered ; and I am with cordial esteem and respect, my dear Sir, your most
humble and faithful servant, Jo. Johnston.
" To the Honourable John Elphinstone, Esqr., at Cumbernauld House, by Falkirk." ^
In 1768 Captain Elphinstone received from Lord Elphinstone and Lady-
Clementina Fleming an assignation of part of the rents of the estate of
Biggar in payment of an annuity of £250 during the lifetime of her lady-
ship. The assignation was confirmed in 1771 in a trust-disposition which
Lady Clementina Fleming of Biggar and Cumbernauld and Lord Elphinstone
made to Captain Elphinstone and his brother William, and their cousin,
Charles Gascoigne, giving to them in trust the rents and others of their
estates, reserving a yearly allowance out of them, until such time as the
whole family debts were paid.^
The trust-disposition of his parents now described would give Captain
Elphinstone large employment, in which his being out of the army and
resident in Cumbernauld would permit him to engage.
It was probably a few years prior to his accepting this trusteeship that
his brother William, who became a joint trustee with him, wrote him an
affectionate letter on the occasion of the birth of one of his daughters, urging
him to return to the army. The kindness and considerateness of the letter,
and the display which it gives of the very good relations between the brothers,
are a sufficient reason for reproducing it in the Memoir of the Captain. The
letter is in the following terms : —
" Dear Jack, — I had the pleasure of hearing last post from Kieth, that Mrs.
Elphinstone was safely delivered and in a fair way of doing well, which I am heartily
' Original letter iu Elphinstone charter- terej in the Books of Session June, same
chest. year. [Registered trust-disposition, in which
- The assignation to Captain Elphinstone the assignation is mentioned, dated 1st Jan-
is dated the day of )7()8, and regis- uary and let February 1771, ifci'rf.]
GENERAL DISPOSITION IN HIS FAVOUR, 1769. 299
glad of, and wish you joy, tho' I coiild rather have wished it had been a son ; however,
I hope he '11 make his appearance next time.
" Now, dear Jack, as your family is increasing, don't you think you should try to
get into the army again. I don't mean to come in a captain again, but I think if
you could advance the money for a majority, your friends would scarcely deserve that
name if they did not get you leave to purchase. And if money is the objection (as I
know you have some), if you and I were together, I am sure we might fall upon ways
and means to raise it.
" Consider, in the army what a loss the loss of time is, and that every day you
spend while you are out is lost time. Fortune is a coy mistress and must be courted,
and closely too. She seldom forces herself upon anybody. I shall not insist further
on this subject ; and if you do not think I am right, at least impute my men-
tioning it to the true cause, the love I bear you and family. However, Bob Laurie is
a strong instance of what I say. In a month's time he '11 be eldest captain in his
regiment.
" Write me how you aprove of what I advise. I wish you may determine to
come up here. Give my love to all at Cumbernauld, and believe me, your affectionate
brother, Wm. Elphinston.
"London, February 10th.
"To Captain Elphinstone, at Cumbernauld, by Falkirk, Scotland."^
Captain Elphinstone appears ultimately to have become captain in a
regiment of Foot Invalids, and his brother's advice may have had some
weight with him to influence him to this.
The remarkable friendship and interest evinced by the Earl Marischal
for the Elphinstone family, and the assistance he rendered them from time
to time, deserve to be specially noticed here.
On 13th September 1769 the Earl Marischal made a disposition at Berlin
in favour of Captain John Elphinstone, in the following terms : —
" I, George Keith, late Earl Marischall of Scotland, considering that for the regard
and affection I have and bear to Captain John Elphinstone, Captain William and
Mr. George Keith Elphinstons, BIrs. Mary, Eleonora, Primrose, and Clementina Elphin-
stons, my grandnephews and neices, the sons and daughters presently existing of the
marriage between Charles Elphinston, Esquire, and Lady Clementina Fleming, my niece,
' Original letter in Elphinstone charter-chest.
300 JOHN, ELEVENTH LORD ELPHINSTONE, 1781-1794.
daughter of the deceased John, Earl of Wigton ; I have sufficiently provided the whole
of my said grand nephews and nieces by giving to each of them a part of my means and
eflfeets, except the said Captain John Elphinston, the eldest son, and whom I am now
resolved to provide by granting to him these presents in manner aftermentioned," etc.
The Earl died at Potsdam on 28th May 1778. His testament-dative and
inventory were given up by Captain Elphinstone as the only executor-
dative g?(a creditor decerned to the late Earl. The testament-dative narrates
the chief points of the disposition. The inventory, which shows what Captain
John Elphinstone actually received from the Earl under his disposition, is
brief, but to the point. It includes the sum of £3000 sterling, as the balance
due by Alexander Keith of Eavelston, and Alexander Keith, W.S., his son,
to the late George Keith on their accounts as commissioners for him at his
death. It also includes £2000 as the balance due by Eobert Bruce, factor
for the deceased on his estate of Kintore, on account of his intromissions
with the rents of Kintore. The two sums now mentioned amount in all to
£5000 sterling.!
While stating the extent to which Captain Elphinstone was benefited by
his kinsman the Earl Marischal, however, there remains to be added to the
sum now named an assignation to another sum of money received from him
a year before his lordship's death. King George the Third, in virtue of an
act of parliament, gave the Earl a grant of over £3600, with interest thereon
from AVhitsunday 1721, out of such parts of the price of his estates as still
remained due to the public- The sum to which he was entitled under this
grant at the date of the assignation was £10,651, 5s. lOd., and interest from
11th August 1764, until payment was made to him. His right to this
money, the Earl in his assignation, subscribed by him at Potsdam in Prussia
on 17th August 1771, assigned to Captain John Elphinstone as above stated.
But as this sum was made over to the captain subject to the settling of all
1 Edinburgh Commissariot - Testaments, - Original grant under the seal of the
vol. 125, pt. i., in H.M. General Register Court of Exchequer in Scotland, dated 21st
House, Edinburgh May 1761, in Elphinstone charter-chest.
HIS SUCCESSION TO THE TITLE AND ESTATES, 1781. 301
legal claims affecting it, the actual amount which he received, in the
absence of a formal discharge in the Elphinstone collections, has not been
ascertained.!
Charles, tenth Lord Elphinstone, survived the Earl Marischal by a few
years, and died on 6th April 1781. Captain John Elphinstone, as his eldest
son, succeeded him in the Elphinstone peerage, and became eleventh Lord
Elphinstone. As eldest son of his father, and in view of being served heir
to him, John, now Lord Elphinstone, on 2nd April 1782, gave up to the
sheriff-depute of Dumbartonshire, for registration in the sheriff-court books,
an inventory of the heritable estate within that shire, belonging to his father
at his death. The estate included the lands or mailing of Easter Fannyside,
bounded as therein set forth, also the lands called the Eigg or "Wester Fanny-
side, and the tithes of those lands, all as described and limited by the excep-
tions, conditions and reservations therein stated. His lordship reserved right
to add to the inventory any other heritable subjects which might accrue to
him as heir to his father. The inventory was registered in the books of
Council and Session on 27th April 1782.2
On 4th September 1781, Captain John, Lord Elphinstone, of the Invalids,
was appointed Lieutenant-Governor of Edinburgh Castle, in place of John
Wemyss.3 This position he continued to hold till his death, or for thirteen
years. The modest salary attached to it was £182, 10s. a year.* In 1784,
Lord Elphinstone was elected a representative peer for Scotland. He was
subsequently, in 1790, re-elected, and he still held that honour when he died
in 1794.
The house which his lordship occupied in Edinburgh, was Kirkbraehead
House, near St. Cuthbert's church/'
Foxir years after his father's death, or in 1785, Lord Elphinstone was one
1 Assignation in Register of Deeds, Durie ^ xhe Scots Magazine, vol. xliii. p. 559.
Office, vol. 237, pt. i. * Old and New Edinburgh, by James
- Extract inventory in the Elphinstone Grant, vol. ii. p. 136.
charter-chest. ^ Ibid.
302 JOHN, ELEVENTH LORD ELPHINSTONE, 1781-1794.
of the principal parties to a lengthy family agreement entered into between
Lady Clementina Fleming of Biggar and Cumbernauld, on the one part, the
Eight Honourable John, Lord Elphinstone, her eldest son, and the Honourable
William Elphinstone, her second son, upon the second part, and John, Lord
Elphinstone, on the third part.
The agreement arose out of the trust disposition of 1771, already de-
scribed, the terms of which, and of a discharge, dated 31st March 1781,
granted by Charles Lord Elphinstone and Lady Clementina Fleming it
narrates. This discharge shows that John Elphinstone and William Elphin-
stone alone acted under the trust-disposition. William had no intromissions
with the rents and estates, or with any of the subjects conveyed in the disposi-
tion. John only had intromissions with these. A settlement of his intro-
missions was made on 10th June 1779, by which time the accounts calling
for the trust had been paid. Lord Elphinstone and Lady Clementina being
satisiied with the whole transactions of their trustees, ratified these and dis-
charged them.
Both the narrative prefixed to the agreement, and the details of the
agreement itself, are long, and include many business transactions, chiefly
between Charles Lord Elphinstone, Lady Clementina, and John and William
their two sons. These have little interest now, and are therefore unnecessary
to be described.
The general scope of the agreement was to grant to John, Lord Elphin-
stone, and to William Elphinstone, his brother, a full discharge for their
management of her Wigton estates, with which Lady Clementina declared
herself highly satisfied. It also, setting aside all previous arrangements, dis-
poned to Lord Elphinstone and his heirs, during her ladyship's lifetime, the
rents and duties of her earldom of Wigton, lordship and baronies of Biggar
and Cumbernauld, and baronies of South Herbertshire, Temple Denny and
others. It further disponed to him her ladyship's debts due to her, money
and other movable and personal effects, except the plate, furniture and other
ELPHINSTONE OFFICIAL PEDIGREE, 1794. 303
articles in tier house in George Street. These, and large powers in regard
to estate matters, were conveyed to Lord Elphinstone, under certain obliga-
tions which the agreement imposed upon him, including the payment of an
annuity of £800 to Lady Clementina, and of considerable sums to others.
The parties to the agreement bound themselves severally to implement the
obligations resting upon them, under the penalty of £100, to be paid by the
party failing to the party observing, over and above performance. They also
consented to the registration of the agreement, which was subscribed at Edin-
burgh, by Lady Clementina Fleming and John Lord Elphinstone, on 10th
February 1785, and by William Elphinstone at London on 29th June 1785.^
A few months before his death, or in May 1794, Lord Elphinstone re-
ceived an invitation to the funeral of the seventh Earl of Haddington, as a
cousin german of Lady Haddington. The Earl of Haddington who issued
the invitations objected " to others of her relations or clanjamfry." ^
Lord Elphinstone and his mother, Lady Clementina Fleming, about this
time had their pedigree prepared and ingrossed in the records of the College
of Arms, Loudon. The occasion of their doing so appears to have been the
conferring, of the Order of the Bath, on 30th May 1794, upon Sir George
Keith Elphinstone, the fourth son of Charles, tenth Lord Elphinstone, and
Lady Clementina, his wife. The pedigree of his lordship begins with John,
eighth Lord Elphinstone, and that of her ladyship with William, fifth
Earl of Wigton, and is brought down to Margaret Mercer Elphinstone, the
only child at the time of Sir George Keith Elphinstone. The record
of the College of Arms contains the following certification of the pedigree
by Lord Elphinstone and his mother : — " The above pedigree is true
to the best of our knowledge and belief. (Signed) Elphinstone. (Signed)
Clementina Fleming Elphinstone." It also contains the additional certifi-
cation by Sir Isaac Heard, the Garter of that date — " Examined with the
1 Extract registered agreement, in Elpliinstone charter-chest.
'^ Memorials of the Earls of Haddington, vol. i. p. 282.
304 JOHN, ELEVENTH LOKD ELPHINSTONE, 1781-1794.
original. (Signed) Isaac Heard, Garter." Au official extract of this registered
pedigree, granted in 1861, and preserved in the Elphinstone charter collections,
is authenticated as follows : — " Extracted from the Eecord of the College of
Arms, London, and examined therewith this second day of November 1861.
Albert W. Woods, Lancaster Herald."
John, eleventh Lord Elphinstone, died at Cumbernauld House on 19th
August 1794,1 and his remains were interred in the Wigton family aisle at
Biggar.2 The Wigton estates under his management were considerably
improved. He was estimated to have increased their rental from about
£1250 to £2220.3
Inventories of his furniture, etc., at Edinburgh Castle, prepared after his
death, are preserved in the Elphinstone collections.*
Anne Euthven, the dowager Lady Elphinstone, survived her husband
seven years. As Lord Elphinstone died without leaving any deed of settle-
ment, his movable estate fell to be divided between his younger children and
his widow. An arrangement, however, was come to, that in consideration
of John, now twelfth Lord Elphinstone, having granted to his sisters a bond
of annuity, he should retain all arrears of rent of his father's estate as well
as the year's rent then current. It was further agreed that Anne, Lady
Elphinstone, should give up certain rights on receiving a bond of annuity
from her son. Lord Elphinstone further relieved his mother and sisters of
all debts, etc., due by their father.^
1 Birthday Book in Eljibinstoue cliarter- house pantry, " low celler for meat and a
chest; also The Soots Magazine, vol. Ivi. gantry," parlour, dining room, "my lord's
p. 512. room off diniug-room," "my lord's dressing-
- Birthday Book in Elphinstone charter- room," "first bedroom upstairs," drawing-
chest, room, "my ladies' bedroom," "my ladies'
^ Letter to John, twelfth Lord Elphinstone, dressing-room," school-room, " Mr. Elphin-
from his law agent, 17th May 1795, ibid. ston's room," nursery, library, and stable.
* Inventories, ibid. His lordship's house
in Edinburgh Castle, according to these in- ^ Extract registered contract at Cumber-
ventories, included a laundry, washing house, nauld and Edinburgh, dated 1st and 6th
kitchen, housekeeper's room, servants' hall, January 1796, in Elphinstone charter-chest.
ADMIRAL CHARLES ELPHINSTONE FLEMING. 305
Anne Kuthven, Lady Elphinstone, survived her husband for seven years,
and died at Cumbernauld House on 28th October I8OI.1
John, eleventh Lord Elphinstone, and Anne, Lady Elphinstone, his wife,
had issue four sons and four daughters : — ■
1 . John, who became twelfth Lord Elphinstone. Of him a memoir follows.
2. Charles Elphinstone, afterwards Admiral the Honourable Charles Elphinstone
Fleming of Cumbernauld and Biggar. He was born at Cumbernauld House
in June 1774.^ Entering the navy in early youth, his promotion was
rapid, so that by 1794, and while still but twenty years of age, he had
attained to the rank of Captain. In the earlier part of his naval career
he was actively employed in operations against the French, and in the year
1797 had a narrow escape with his bfe. While in command of a frigate,
the Tartar, which was engaged cutting out some valuable trading ships
from under the guns of a French battery at San Domingo, the frigate was
lost by striking on a rock, but the crew were fortunately saved. On the
renewal of hostilities in 180.3 he was in command of another frigate, the
Egyptienne, in which he made several important captures, and formed one
of Sir Eobert Calder's fleet in the action with the French and Spanish
squadrons in July 1805. He afterwards received command of the
Bulwark, a 74-gun ship, which was employed in the Mediterranean.
On 12th August 1812 Captain Elphinstone was made a Colonel of the
Eoyal Marines,^ and at the end of the following year he was further pro-
moted by being raised to the rank of Kear-Admiral. Towards the close of
his life his long and able services in the navy were still further rewarded
by his appointment to the important and honourable position of Governor
of Greenwich Hospital.
On the elevation of his uncle, George Keith Elphinstone, to the peerage
as Lord Keith, he was chosen his successor as Member of Parliament for
the shire of Stirling in 1802, and re-chosen at the general election that
year, and again in 1806 and 1807.
By the entail of John, sixth Earl of Wigton, in 1741, it was provided
that the estates of Wigton, on failure of heirs-male of his own body and of
his brother Charles, should go to the heirs-female of his body ; but with
1 Birthday Book, in Elphinstone charter-chest : The Scots Magazine, vol. Ixiii. p. 800.
2 Letter of John Johnston, minister at Biggar, 23rd June 1774, supra, p. 297.
3 Scots Magazine, vol. Ixxiv. p. 725.
VOL. I. 2 Q
JOHN, ELEVENTH LORD ELPHINSTONE, 1781-1794.
tlie condition that the heir so succeeding should be bound to assume the
title, name, and arms of "Baron Fleming," and no other; and if any such
other heir should have a right to succeed to the estates of Cumbernauld and
Biggar, and should also succeed to another peerage, he should be bound to
give up these estates, and they should go to the next heir, who should
assume the name of Fleming. By this entail, on his elder brother John
becoming twelfth Lord Elphinstone in 1794, Charles Elphinstone became
entitled to succeed to the Cumbernauld and Biggar estates. As his claim
was questioned by his elder brother John, Lord Elphinstone, a litigation
took place. By a judgment of the Court of Session on 19th January
1804, it was found that the estates descended to Charles, the second
brother, in terms of the entail. On appeal, that finding was confirmed by
the House of Lords. Charles Elphinstone thereupon assumed the surname
of Fleming, and was subsequently known as the Honourable Charles
Elphinstone Fleming of Cumbernauld and Biggar.
Under the terms of an Act of Parliament in 1826, he was authorised,
at the sight of the Lords of Session, to sell those portions of the Wigton
estates known as Biggar and Boghall, to discharge the encumbrances
afi'ecting them.
On 12th November 1830, the Honourable Charles Fleming, Vice-
Admiral, was retoured by an inquest before the Sherift' of Dumbartonshire,
as heir to his brother, the late Honourable James Euthven Elphinstone, in
the lands of Craiglane, Smithstone, and others, in the parish of Cumbernauld
and shire of Dumbarton, being part of the earldom of Wigton. '
Admiral Charles Elphinstone Fleming died on the 30th of October
1840 at the age of threescore and six years. By his marriage, in 1816,
witli Donna Catalina Paulina Alessandro, a Spanish lady, he had issue one
son and three daughters : —
I. John Elphinstone Fleming of Cumbernauld. On the death of John,
thirteenth Lord Elphinstone, on 19th July 1860, John Elphinstone
Fleming, as the next heir-male of the Elphinstone family, inherited the
title of Lord Elphinstone in the peerage of Scotland, and became
fourteenth Lord Elphinstone. He had held the entailed estate of
Cumbernauld for the previous twenty years, or since his father's death
in 1840. Born at Cumbernauld House on 11th December 1819, he
entered the army, instead of the navy in which his father and grand-
' Official Extract Retour, in Elphinstone charter-chest.
JOHN ELPHINSTONE FLEMING, FOURTEENTH LORD. 307
uncle had been so conspicuous. After serving for a time in the 17 th
Regiment of Lancers, he rose to the rank of Lieutenant-Colonel. An
attempt was made by him, or by those deriving right from him, to revive
the claim to the estate of Cumbernauld, and after a litigation in the
Court of Session, and appeal to the House of Lords, it was found that
he had no right to the rents of this estate after his assumption of the
peerage of Elphinstone. It was also found that a trust-deed executed by
him which purported to transfer the right to the estate of Cumbernauld,
to a disponee unconnected with the family, was invalid. By the will
of his cousin, the thirteenth Lord Elphinstone, dated 18th July 1860,
John Fleming, as heir to him in the title and dignity of Baron
Elphinstone, was provided to an annuity of one thousand pounds as an
alimentary provision for the support of that dignity. After holding the
title of Lord Elphinstone for the brief period of six months, his lordship,
dying unmarried on 13th January 1861 at Bournemouth, was succeeded
in the peerage of Elphinstone by his cousin, William Buller Fullerton
Elphinstone of Elphinstone and Carberry, as fifteenth Lord Elphin-
stone, whose descent is shown in the Elphinstone Carberry line in the
second volume of this work.
II. Clementina Elphinstone, the sister of John Fleming, fourteenth
Lord Elphinstone, was married on 24th March 1845, to Cornwallis
Maude, Viscount Hawarden. Being the next heir of entail to Cumber-
nauld, she succeeded to that estate on the death of her brother in 1861,
and made up feudal titles in her person. i She died on 19th January
1865, and was succeeded by her eldest son, Cornwallis Maude, who was
served heir to her in Cumbernauld in 1867.^ He assumed the name of
Fleming for that estate, and made up feuJal titles as heir of entail.
Ascertaining that, under the then recent Acts of Parliament in favour
of entail proprietors, he was entitled to hold the estate in fee-simple,
and to dispose of it, he sold it to John William Burns of Kilmahew,
thus terminating all connection of the Fleming family with the ancient
inheritance of Cumbernauld.
III. Mary Keith, married, 20th April ISi.'i, to Alexander Macalister,
Esq. of Torrieilale ; secondly to Morgan Lloyd, Esq. She died 11th
March 1859.
IV. Anne Elizabeth, married 12th June 1851, to William Cunuinghame
' Retours to Chancery at date. " lUd.
3 JOHN, ELEVENTH LORD ELPHINSTONE, 1781-1794.
Bontine, Esq. of Ardoch, who died 1883. Ou 12th October 1860,
by royal licence, she received the rauk and precedence of a Baron's
daughter.
3. James Kuthven Elphinstone. He was born in the year 1776, and was named
after his maternal grandfather, James Ruthven, Lord Euthven. He entered
early the Civil Service of the East India Company. He was sent to India,
and arrived at Calcutta in 1791. He was in their service at Poonah in
1811 and 1813, at Giga, in the province of Berar, in the Deccan, in 1812,
at Bombay in 1820, and at Alipoor and Barrackpore in 1823. Being
afterwards in bad health, he arranged to return from India. During his
voyage home, liowever, he became so weak that he was landed at St. Helena,
on 25th July 1828. He died there without issue on 1st August of that
year. He was buried at St. Helena, where a monument was subsequently
erected to him by liis brother, Mountstuart Elphinstone. i
4. Mountstuart Elphinstone, Governor of Bombay. Of him a memoir follows.
1. Anne Stuart Elphinstone, who died unmarried in 1832.
2. Clementina Fleming, who died unmarried in 1821.
3. Elizabeth Mackenzie, who died unmarried on 8th December 1840.
4. Keith Elphinstone, named after Keith, Earl Marischal, her great-grand-uncle.
She was married at Cumbernauld House ou 4th September 1803 to David
Erskine of Cardross, Perthshire. There was issue of the marriage six
sons : — 1. James, born 21st August 1804. He married Mary, daughter
of Lieutenant-General Fagan, and had issue ; their eldest son, Henry David
Erskine of Cardross, is a J.P. and D.L. for the counties of Perth and
Stirling, and Sergeant-at-Arms attending the House of Commons. He
married, in 1861, Lady Horatia Elizabeth Seymour, second daughter of
Francis Hugh, fifth Marquis of Hertford. The second son of the late
James Erskine of Cardross is Vice-Admiral James Elphinstone Erskine of
Venlaw, Peeblesshire. 2. John Elphinstone, born 13th July 1806. 3.
Charles, born 4th March 1808. 4. George Keith, born February 1809.
5. Hay Macdowal, born 28th July 1810. 6. William David, born 12th
May 1813.2 Mrs. Keith Erskine of Cardross died on 4th August 1841.
Original letters, in Elpliinatone diarter-chest. - Birthday Book, ibid.
310 THE HONOURABLE MOTJNTSTUART ELPHINSTONE, 1779-1859.
sports and escapades than to apply himself seriously to his books-
contrast to the careful and studious statesman of after years.^
In one of his juvenile letters to his mother, young Mountstuart appears in the
capacity of a poet. We venture to quote the letter here as a homely passage
in the youth of a great man, especially as so little has been written of his boy-
hood, and as this introduces him in a hitherto undescribed capacity. The rhythm
will be recognised as that of many of Cowper's well-known pieces, and we may
infer that young Elphinstone had his poetic instincts stimulated at the time by
the perusal of that author. He writes as follows : —
"Drummond Castle, December 30th.
" My dear Mama, I wrote you long ago,
Aud very sorry was, when I did know,
At York, my letter you did not receive,
For which I truly very much did grieve.
Castle Drummoud is a pretty place.
The rooms are hung with all the ancient race.
We from our window have a lovely view.
Which, had I time, I would describe to you.
My sisters both are in good health, but I
Have had a toothach which did make me cry.
I'll write to Bishop, and to Capy too.
Does Keith like London ? How does Nany do 1
Peepy is well, and dances charmingly.
Light as the bird that in the air doth fly.
Her compliments does Mrs. Drummond send.
And Sir. Forman too ; and so I end,
Assuring you, that I am still your own
Affectionate son, Mountstuart Elphinstone." ^
Attic Story, No. 30th, Grub Street.
The youthful poet was then on his school liolidays with his relatives at Drum-
mond Castle. He was probably at the time about twelve or thirteen years of age,
and seems to have been for the moment inspired by the attractions on the summit
of the rock of Concraig, on which the first Lord Drummond erected his castle after
his own name, and where his sable robes as Justiciar north of the Forth are still
preserved along with the black cap which is still requisitioned when the capital
sentence has to be pronounced by the Lord Justiciar at the present day.
In 1795, and while yet but sixteen years of age, he sailed for Indi.a, where he
joined his brother James, who had gone there two years previously in the service
1 Life of Moimtstiiavt El|ihinstoue, pp. 5, 6.
2 Letter, Moimtstuart Elphinstone to his mother, the Lady Elphinstone, in Elphinstone
charter-cheat.
SECRETARY TO GENERAL WELLESLEY IN INDIA. 311
of the East India Company. The meeting of the two brothers was a very
affectionate one, as is witnessed by a letter on the subject sent home by James
to their mother, which gives a most glowing account of young Mountstuart ; —
"Calcutta, April 22, 1796.
" My dearest mother will, before this reaches her, have heard of the safe arrival of
Mountstuart in Bengal. I came here a few days ago and found him in perfect health,
and I really think by far the finest young man I ever saw. He is still the same
aflfectionate, good-hearted creature as when I left him, but so much improved that I did
not know him. He has one of the sweetest tempers I ever knew, and is a very great
favourite with everybody who knows him. I am delighted to think we are to be
together, as Sir John Shore was so good as to appoint him to Benares, where I
am. I am so much taken up about him, and so proud of him, that I really cannot
write, and I am sure that this epistle will be full of nonsense. From the manner in
which my sisters wrote of Mount, I had formed quite a different idea of liim, till I
was most agreeably surprised to find what he is. I think I see you, my much-loved
mother, when you receive this. What unspeakable happiness will it be to you to liear
that he is safe arrived in perfect health, and much pleased with his situation ! . . .
Adieu, my ever-dear mother. I need only add that we are in perfect health, and
I remain ever your most affectionate and dutiful son,
"James Ruthven Elphinstone." i
What a picture of the domestic comfort and agreement of this Elphinstone family
is here unveiled, and even allowing for the affection of a brother and the enthusiasm
of meeting in a foreign land after two years' separation, it is very evident that
Mountstuart Elphinstone was a youth of exceptional qualities and amiability.
Tliough he was at once placed in business on his arrival in India, he found
time to some extent to follow his literary inclinations by entering on a course of
wide systematic reading, and commencing the study of Greek, forming in this
uncongenial situation those studious habits which he afterwards maintained
throughout life.' In 1801 he entered the diplomatic service, and joined General
Wellesley's camp as his secretary in 1803, taking part in the battle of Assay e on
17th September of that year, and also of Gawilghur, where, as secretary, he was
closely associated with the renowned general. For his services in this campaign
Mountstuart received a letter from the hand of the general intimating his right
to a captain's share of the prize-money and gratuity, and conferring with him
on some private details of the engagements.
A passing reference to the Indian services of Mountstuart Elphinstone is all
that is here required, as these have been so fully detailed in the excellent memoir
by Sir Edward Colebrooke, Bart. His time not being fully taken up by his
oflScial duties, he was able to apply himself to the study of the country and
people surrounding him, on which subject he made extensive notes and observa-
1 Letter quoted in Life of M. Elphinstone, p. 12. - Ibid. pp. 15, 16.
312 THE HONOURABLE MOTTNTSTUART ELPHINSTONE, 1779-1859.
tions, which he intended for future publication. He interested himself especially
in the Afghans, and after collecting a large amount of valuable information
respecting them, he submitted his publication to the world in 1814.
He was an omnivorous reader and a most prolific writer, being engaged
in constant correspondence with his friends and brother oflicers, and keeping a
detailed journal of his daily life. His correspondence with Mr. Edward Strachey,
the secretary of the East India Company, would alone fill a fair-sized volume.
Even his unremitting and careful attention to business and the ardent pursuit
of his local investigations did not prevent him from keeping him.self well informed
as to the great political events at that time transpiring in Europe and through-
out the world generally. On 27th April 1816 lie wrote to his uncle, Lord Keith,
as follows : —
"I read the newspaper accounts of your intercourse with Bonaparte with the
greatest interest. . . . You were fortunate in being able to have so close a view of so
eminent a person in so trying a crisis. I could almost give up the pleasure I promise
myself in going home overland (when I do go), if 1 was sure that by going by sea
I should have a view of Bonaparte, even in the calm of his retirement at St. Helena.
Not that I admire anything about him but his talents." ^
In his home letters, while ever solicitous for the welfare of his friends, and
eager for any news from the scenes of his boyhood, he speaks with enthusiastic
interest of the country which had now become his home. In a letter to Lady
Hood, in reference to the publication of a work on India, he writes: — "The
mosques, the minarets, tombs, and gardens of so many Mohammedan cities,
the marble courts of the palace of the Moguls, peopled with the recollections
of former times, and surrounded with the remains of fallen greatness, could not
but affect the imagination, even if in ordinary hands."
The energy which Mountstuart displayed in the diplomatic service, and the
high esteem in which his services were held, are shown by the complimentary
terms in which Mr. Canning referred to him, on moving a vote of thanks to Lord
Hastings and the army at the conclusion of the war. He says : — " Mr. Elphin-
stone (a name distinguished in the literature as well as in the politics of the
East) exhibited, on that trying occasion, military courage and skill which, though
valuable accessories to diplomatic talents, we are not entitled to require as
necessary qualifications for civil employment." ^
In 1819 the Government showed its appreciation of the talents and ability
of Mr. Elpliiustone by appointing him to the Governorship of Bombay, even in
preference to such an old and trusted servant as Sir John Malcolm. This was
done on the recommendation especially of Mr. Canning and the Marquis of
Hastings, the latter of whom wrote a most complimentary letter to Mr. Elphinstone
on the subject.* He held this appointment for the space of eight years, and
1 Letter quoted in Life of Mountstuart Elphinstone, p. 316.
" Letter, ibid. p. 386. = Letter, ibid. vol. ii. p. 100.
TESTIMONIALS TO HIS ABILITY AND POPULARITY. 313
under his administration the country enjoyed a period of most grateful peace
after its recent perturbed condition. His enjoyment of this post was unclouded,
save, as he remarks, for one disturbing element, viz., his rooted aversion to making
speeches — a curious trait to occur in such an able author. Of this he writes : —
" What I dread, detest, and abhor, to a degree I fancy never was equalled, is
making speeches, and ceremonies of that nature." While Governor of Bombay,
Mountstuart Elphinstone set himself to the commendable task of improving the
education of the natives by the establishment of schools for instruction both in
English and the vernacular, in the face of many difficulties.
About 1825 Mr. Elphinstone was visited at Bombay by a literary and
accomplished traveller, Bishop Heber, who gives the following unique testimonial
to him : — " Mr. Elphinstone is, in every respect, an extraordinary man, possessing
great activity of body and mind, remarkable talent for, and application to public
business, a love of literature, and a degree of almost universal information, such
as I have met with in no other person similarly situated, and manners and con-
versation of the most amiable and interesting character." ^ Many instances are
recorded of his generous and unselfish deportment, even to the extent of giving
up his official residence to a friend whose wife was an invalid.
In 1827, Mountstuart Elphinstone resigned his post as Governor of Bombay,
amid overwhelming expressions of gratitude and admiration on all sides for the
manner in which he had discharged his duties ; and was presented with a mass of
flattering testimonials such as is rarely accorded to any public functionary,
including one by the natives of the Presidency, from the highest to the lowest.
His portrait, by Sir Thomas Lawrence, was placed in the rooms of the Native
Education Society ; his statue, by Chantrey, was erected in the Town Hall ; and
the foundation was laid of the Elphinstone College, a .sum of money being at the
same time subscribed for the establishment of professorships to teach the natives
the English language, and the arts, sciences, and literature of Europe.^ With his
retirement from the government of Bombay the public career of Mountstuart
Elphinstone came to a close, and the remainder of his long life was spent in the
pursuit of literature and travel, and the enjoyment of that society to which his
birth, position, and attainments gave him a favoured entree.
On his overland journey home from India he visited several of the European
capitals, including Constantinople, Rome, and Paris, where he met the illustrious
Talleyrand, then far advanced in years, and by whom he was much impressed.
He arrived in England in 1829, being warmly welcomed not only by his friends,
but by many of the leading figures of the day in politics and literature. Much
persuasion was brought to bear on him by his relatives to enter parliament as
member for the county of Lanark, but he steadfastly resisted all their entreaties
on the ground of his aversion to public speaking, although he was hard pressed
1 Letter quoted in Life of M. Elphinstone, vol. ii. pp. 169, 170.
2 Ibid. p. 200.
314 THE HONOUKABLE MOUNTSTUART ELPHINSTONE, 1779-1859.
to do so by the Duke of Hamilton and Sir James Graham. In this connection
he writes : —
" This evening I dined at Mr. Adams with Jlr. Brougham, Lord J. Russell, Sir J.
Graham of Netherby, Mr. Kennedy, and James Loch. . . . Brougham was quite easy
and unaffected, and told me some interesting things about the Queen's trial. . . . Lord
John is a hearty, pleasant man, quite unpretending, but not at all shy. I had a long
conversation with Sir James Graham, as I had with the Duke of Hamilton in the fore-
noon about Lanarkshire. The offers to me are very pressing." ^
Among the many distinguished personages Mr. Elphiiistone encountered in
the course of his social engagements, he takes special notice of his meeting with
his old master, the illustrious Duke of Wellington : — " A shout in the streets
announced the Duke of Wellington, and presently he entered. He looked older,
but much the same as in old times. The greatest change was in his softened
and more courtly manner. I cannot describe the sensations produced in me by
the sight of him. After some time I was told he was asking for me and I went
up to him. He received me as he would have done formerly. ... I feel none of
the shyness with him that I do with ordinary great men. After dinner he made
a speech, not flowing and easy like a practical speaker, but loud, distinct, and
full of matter." ^ On several other occasions he met the Duke at dinner, when
reminiscences of their old life in India was usually the subject of their con-
versation, and Mr. Elphinstone was much impressed by the simple, unaffected
frankness of the man who, as a soldier, conquered Napoleon Buonaparte, and, as
a statesman, became prime minister of the nation.
Soon afterwards, Mountstuart Elphinstone set out for a tour in Scotland,
visiting Edinburgh, Cumbernauld, Drummond Castle, and other scenes of his
boyhood. His descriptions of Cumbernauld, and his ascent of the hill of Turlum,
after an absence of five-and-thirty years, are so touching and so characteristic of
the gentle and graceful style of the writer, that we cannot do better than present
them in his own words, though we have already so often quoted from his
facile pen : —
"I now consider my travels as completed, having returned to the place from
whence I set out after an absence of thirty-five years. ... I went down to the Vault
Glen, the beauty of which surpasses all my impressions. Many a tranquil summer's
evening work I remember there. ... I went through the whole house with many
strange sensations and strong impressions of old times ... so that I saw in full per-
fection these earliest and dearest haunts of my childhood, and enjoyed what I never
shall again, the recoUeetion of the days of my father and mother, unmixed with more
recent associations." Of Drummond Castle he wiites : — "Around are woods now in
the utmost beauty from the indescribable beauty of the autumn tints, and distributed
1 Letter quoted in Life of M. ElphinatoDe, vol. ii. pp. 274, 275.
2 Letter, ibid. pp. 277, 278.
PRESENTED TO KING WILLIAM THE FOURTH. 316
over the slopes and steep liills with the finest possible eflfect. Water, rocks, and
distant plains come in to great advantage, and a high chain of brown and purple moun-
tains runs round a great part of the picture. . . . Since writing the above I have
been enjoying the scenery on the top of the hill of Turlum, and admiring the fine
beeclies in the park. I have never seen such fine trees in England, though I have seen
finer tamarind and peepul trees. . . . These vivid recollections of old times and other
pleasing thoughts that I often enjoy on my solitary walks, together with the pleasure
of reading, are a full indemnity to me for the want of fitness to enjoy society." i
One cannot wonder that Mr. Elphiustone described the society of Edinburgh
as more literary than that of London, when the names of Sir Walter Scott, Lord
Jeffrey, Jardiue, Napier, Cockburn, and others, appear among those he met at
various social entertainments. He describes Scott at his first meeting with him
as " tall, with a round face and grey eyes, very like his pictures, witli great good-
ness in his expression and manner, but no genius. He is mild, quiet, and rather
slow in speaking, and has a very Scotch accent." ^ At Blair- Adam Mr. Elphin-
stone first met Jeffrey and Cockburn, the former of whom he describes as " more
striking for his gaiety and good humour than for his wit. Those who have
known him longest say they never heard him say an ill-natured thing." His
account of Dr. Chalmers is somewhat remarkable : — " The doctor's figure, manner,
voice, and accent are abominable, but his sermon was full of good sense and good
feeling, with much imagination and beautiful language." ^
At the first levee of King William the Fourth, Mountstuart Elphinstone was
presented to the King, and on his name being called out by the Lord-in-waiting,
his Majesty exclaimed : — " Oh, to be sure, a person I have been very desirous to
see. — I must have some private conversation with you ; I hope I shall see you
often." Mr. Elphinstone, in his diar}', gives an interesting account of a select club
dinner on the 8th of March 1831, Avhcre the company included Lord Spencer,
Mr. Marsden, the Bishop of London, Sir J. Mackintosh, and Lord Chancellor
Brougham. The chancellor had evidently been in a confidential mood, and the
conversation turning on orators and oratory, he stated his own practice of com-
posing his speeches in his head, and polishing and connecting them without
committing them to paper, as if he wrote them lie would be sure to forget them.
Pitt also composed in this way, walking about for hours at a time drinking port
and water. Lord Granville's custom was to write his speeches out to arrange his
ideas, but never looked at the MS. again. He speaks with admiration of the
versatility of Brougliam, who could converse fluently on all manner of subjects
from politics to poetry.*
On 11th April 1831 Mr. Elphinstone was made a member of the Dilettanti
Club, the introduction being accompanied by various curious rites and ceremonies,
which he details in his diary.^ Soon afterwards he visited the field of Waterloo,
* Life of Mountstuart Elphinstone, vol. ii. pp. 2S1-2S6. - Uiary, ibid. pp. 2S7, 288.
s Diary, ibid. p. 293. ■* Diary, ibid. pp. 299, 300. ^ Ibid. p. 301.
316 THE HONOURABLE MOUNTSTUART ELPHINSTONE, 1779-1859.
the scene of the triumph of his old general and now familiar friend, the Duke of
Wellington.
On his return to London next year he went four nights to parliament to hear
the reading of the Irish Disturbance Bill. After a somewhat feeble opening of
the debate by Lord Althorpe, Mr. Stanley came to the rescue with a most able
and decided speech, in which his eloquence and surpassing powers of oratory fairly
carried away the House, and gained for him the enthusiastic approval of his
audience. Waxing more confident, he finished up by a most scathing attack on
O'Connell, whom he accused of having called the House " six hundred scoundrels,"
which O'Connell called out he would explain. On rising at length amid the
impatient calls of the members, poor O'Connell became so confused, that his lame
and ludicrous attempts at explanation were received with a deafening burst of
laughter, under cover of which he resumed his seat amid strong expressions of
reproach on all sides. Describing another speech of O'Connell's a few days later,
Mr. Elphinstone says of him : — " The great expectation that was entertained, the
attention with which he was listened to, the situation in which he stood, as in a
manner the leader of his nation, and as singl}' opposed to almost all his auditors,
the bold strain of invective against the whole British nation with which his speech
began, all seemed likely to animate him, and disposed one to give full effect to
anything he might say." ^
In 1834 Mountstuart Elphinstone had the degree of D.C.L. conferred upon
him by the University of Oxford in virtue of his distinguished services to litera-
ture and history. On the occasion of his receiving this honour, the Duke of
Wellington wrote to him as follows, describing with characteristic modesty his
own share, as chancellor, in the procuring of it, on the ground of his old
friendship with Mr. Elphinstone : —
"London, June 8th, 1834.
" My dear Sir, — As the honour is to be conferred upon you by the University, I did
not like to assume to myself the merit of it. But I hope that you give me credit for
recollecting our old relations ; and that you believe that I could not be in a situation
to exercise an influence over the decisions of a Learned Body which had the power of
conferring such an honour without drawing its attention to one on every ground so
well deserving of it as you are. I flatter myself this note will be quite satisfactory to
you, and that you will believe me, ever yours most sincerely, Wellington." ^
" The Honble. Mountstuart Elphinstone."
We give this letter in full both on account of its intrinsic merit and interest,
and also because it does not appear in Sir Edward Colebrooke's work, and seems
to have been overlooked by him ; indeed, he does not make any mention of the
fact that Mr. Elphinstone received the honorary degree of D.C.L. at all. In that
' Journal in Life of M. Elphinstone, vol. ii. pp. 327-330.
2 Letter, Duke of Wellington to Mr. Elphinstone, in Elphinstone charter-chest.
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LORD Jeffrey's encouragement. 317
year also Mountstuart Elphinstone received the magnificent offer of Goveinor-
Geueralship of India, but was obliged to decline it on account of liis impaired health,
and also as he wished to devote as much time as possible to the writing of his
History of India. On this monumental work he now concentrated his energies,
receiving much friendly assistance from Mr. Erskine, but its progress was con-
siderably hampered by his failing health and by the death of several of his near
relatives occurring about this time. In spite of these diiBculties, however, he fought
on with his task, and brought the work to such a state of perfection, that it ere
long became a standard book for those preparing for the Indian Civil Service,
and in the universities of India, and still remains a valuable work of reference
to those interested in the early history of our Indian empire.
The modest and retiring disposition of Mountstuart Elphinstone, however,
combined with his somewhat impaired state of health, caused him many times
to waver as to the completion and especially as to the publication of his work ;
and if it had not been for the friendly encouragement and stimulation he received
from such men as Lord Jeffrey, it is a question whether it would ever have
reached publication.^ In one of his admirable letters on the subject Lord Jeffrey
writes to him in the following urgent and encouraging terms : —
" My dear Me. Elphinstone, — You wOl not perhaps believe me when I tell you
that the main object of the two unsuccessful calls I have made on you, since you first
mentioned your project of an Indian History, icas to urge you to proceed, and to
publish : But the fact assuredly is so, and you may judge, therefore, with how much
satisfaction I received your note of this morning, and how gladly I shall undertake
the agreeable task you propose to me, of looking over a part of your manuscript. My
judgment upon such a subject is probably worth very little — but such as it is, you
shall have it candidly. I have a strong impression that I shall think you wrong in
the low estimate you are inclined to make of the interest of what you have done, and
I am sure you are mistaken in supposing that there is at this time any deadness or
want of curiosity on the part of the public, either as to historical enquiries generally,
or as to what relates to the great regions of the east. On the contrary, I think there
is now a great revival of the interest that used to be taken in such subjects, and that
there has been no period in my recollection, when the value and merit of such discus-
sions was so sure to be perceived and acknowledged. Few large books have succeeded
80 well as Mill's British India, and if you can give us (as I believe you can) a moie
exact, more candid, and more curious and spirited work, on the same subject (c(impri.sed
too, if possible, in somewhat smaller limits) I think I can answer for your success being
stiU more decided. But of this hereafter. As to the time when I should like to liave
the MS. there is no time like the present. I really have some impatience to be in upcju
you, and / ought at least to have rather more leisure while I am here, than during the
term at Edinburgh. But I am going for a quiet week to Hayleybury, upon the 4:th or
1 Correspondence between Lord Jeffrey and Mountstuart Elphinstone, in Elpliiustone
charter-chest.
318 THE HONOURABLE MODNTSTUART ELPHINSTONE, 1779-1859.
5th of ]\Iay, and there the genius of the place and tlie soug of the Bulbuls will make
the study doubly delightful. ... If you wiU send me the precious books now, I shall
at all events give the work a beginning before going to Hertfordshire, and hope even
to have the benefit of a little talk with you, as to the course of my farther reading.
In the meantime, I congratulate you on your virtue and future fame, and the public on
tlie benefaction which awaits it. — Ever your obligded faithful, F. Jeffrey." i
In another letter written shortly afterwards, on peru.sal of some of the
MS., he says: —
" I have so little doubt of the propriety of your publishing that I am even im-
patient to see you in the press. The clearness and perfect candour of all your state-
ments, the imostentatious way in which your authorities are so carefully cited, and the
spirit of humanity and enlarged philanthropy which breathes over the whole work,
give it, in my eyes, an attraction .so seldom to be found in historical writings, as I am
persuaded must ensure its popularity and success. ... I have sate up reading it both
the nights I have been here, till after 2 o'clock, and not in the least, I can assure you,
from any sense of duty, or wish to oblige you, but solely for my own gratification and
delight." 2
Such gratifying assurances of interest and assistance from a man in the posi-
tion of Lord Jeffrey must have exercised a powerful influence in determining Mr.
Elphinstone as to the completion and publication of his work, and one can hardly
overrate the kindness of the " prince of British critics " in this connection. At
the same time the intrinsic value and interest of the work is brought forcibly
before us when we read that, pressed as he was by exacting and exhaustive public
labours he sat up till two in the morning reading and annotating the manuscript.
The book appeared in 1841.
Feeling the eil'ects of his long residence and active life in a tropical country
beginning to toll somewhat heavily upon him, Mountstuart Elphinstone retired
from the gay whirl of London society, and in 1847 betook himself to the
picturesque little residence of Hookwood, in the neighbourhood of the Wealds,
where he spent the remaining years of his life in rustic seclusion. Here, in
September 1852, the news of the death of his venerable master, the Duke
of Wellington, reached him, of whom he says : — " The Duke of Wellington
died the day before yesterday, and has left a blank which can never be
filled up. The nation seems to have lost the support on which it could
rely in all exigencies, and to be left, without an arbiter, to the conflicting
counsels of inferior men. Even I have lost a constant object of attachment
and veneration during fifty years. . . . His end was as fortunate as the rest
' Letter, dated from 21 Wimpole Street, Tuesday 2Sth , Lord Jeffrey to Mount-
stuart Elphinstone, in Elphinstone charter-chest.
2 Letter, dated at Hayleybury, Friday, 8th May , Lord Jeffrey to Mountstuart Elphin-
ston, ibid. Neither of these letters appears in Sir Edward Colebrooke's work.
HIS DEATH AND INTERMENT.
319
of his career, as he was in perfect health and full possession of his faculties
up to the last day of his long and glorious life." The funeral of the illustrious
soldier was made an occasion of such national mourning as has rarely been
recorded in the annals of our country. " The crisis of the ministry and the
establishment of the Empire in France are passing almost unheeded; and all
this for an old warrior who has not drawn his sword for thirty-seven years, and
who in his civil station has been opposed to almost every object for which the
people were most eager. It fills me with admiration both of the hero and
of the nation : the hero for the undeviating firmness and rectitude which
could alone command such permanent attachment; and the nation, which was
capable of estimating such qualities, and had steadiness enough to retain its
sense of them unabated for such a length of time." ^
Mountstuart Elphinstoue died at his retreat in Hookwood, on the night
of 20th November 1859, at the venerable age of fourscore years. His death,
from paralysis, was mercifully sudden and painless. He was interred at Limps-
field, in the churchyard adjoining the grounds of Hookwood, in the same spot
which shortly afterwards became the grave of his nephew, Lord Elphinstoue, who,
by his own desire, was laid by his side. A public meeting of his friends
and admirers was held on the following February to consider the fittest manner
of showing their appreciation of his eminent and useful services. The list of
those who were present at this meeting includes the honoured names of Sir
C. Wood, then secretary of state for India, the Duke of Argyll, Lord Ellen-
borough, and Lord Derby ; and the result of their conference was the erection of
a statue in his honour by Noble, which was afterwards placed in the cathedral
of St. Paul's.2
Thus died one of the noblest and most illustrious of our Indian statesmen,
who by the long and faithful devotion of his abilities to the furtherance of his
country's welfare in India, as well as by the unvarying kindness, generosity, and
integrity of his conduct, has made the name of Elphinstoue to shine so brilliantly
in the annals of our Indian empire.
1 Diary in Life of M. Elphinstone, vol. ii. pp. 365, 366. ^ ma. pp. 411, 412.
320
XXI.— John, twelfth Lord Elphinstone.
Janet Hyndford Elliot (of Wolflee), Dowager Lady Carmichael, his Wife.
1794-1813.
Johu, twelfth Lord Elphinstone, was the eldest son of John, eleventh Lord
Elphinstone, and the Honourable Anne Euthven, Lady Elphinstone, his wife.
He was born probably about the year 1770. A few years after his birth,
Mr. Johnston, the parish minister of Biggar, when speaking of him as the
Bailie of Biggar's favourite, calls him in familiar parlance " Young Jock of
Biggar." ^
The period in which this Lord Elphinstone lived, up till the time of
his death in 1813, was one of great public commotion. The war on the
American continent, which began in 1775, continued till 1783. The powerful
confederacy against Britain to which that war gave rise compelled the latter
to fight single-handed the combined forces of America, France, Spain, and
Holland. The principles which the French people learned from the
Americans made them ripe for the revolution of 1789, a revolution which
provoked the armed intervention of other European powers, and ultimately
of Britain. The long and sanguinary war thus begun with France continued
with little intermission until the abdication of Napoleon in April 1814, and
then ceased only soon after to be resumed.
These wars held out inducements to join the army or navy, presenting as
they did opportunities for acquiring rapid promotion, high rank, and con-
siderable honour, not to speak of other advantages.
Brought up in such times, accustomed to the events of war or to the
rehearsal of them, and also his father's career being a military one, it is no
matter of wonder that the young Master of Elphinstone chose the army as
his profession. If he did so in the expectation of rising rapidly in that
1 Letter, the Rev. John Johnston to the Honourable John Elphinstone, Biggar, 23rd
June 1774, in Elphinstone charter-chest.
HIS MILITARY SERVICES. 321
profession to high rank, he was not mistaken, as will be shown in the
subsequent pages of his memoir.
At what age and in what year he entered the army is uncertain.^
He obtained a commission as captain in the Seventy-Second regiment of
foot in or before the year 1792.^ This commission he purchased for seven
hundred pounds.^ On 22nd September of that year Captain Elphinstone
was transferred to the Sixtieth regiment of foot, and advanced to the rank of
major of the regiment.* In 1794 he was again advanced, and became
lieutenant-colonel of the regiment.^
Lieutenant-Colonel Elphinstone was transferred about this time to the
battalion of the Eoyal Americans in Canada.^ This appointment enabled him
to visit places in the Dominion associated with his father's early military
history, and this may in part at least have attracted him to Canada. While
he was there, on 19th August 1794, John, eleventh Lord Elphinstone, his
father, died. Major Elphinstone now succeeded to the Elphinstone peerage,
and became the twelfth Lord Elphinstone.
Lieutenant-Colonel Lord Elphinstone did not long remain in Canada, as
in 1795 he had returned to England and received the appointment of aide-de-
camp to H.E.H. Frederick, Duke of York, who was then commander-in-chief
of the army.''
The heritable property of John, eleventh Lord Elphinstone, at the time of
his death consisted of the right he had obtained to the estates of Biggar and
Cumbernauld in virtue of the obligations resting on his mother. Lady
Clementina Fleming, contained in a contract bearing date 10th February
1 Peerage writers credit the Master of Anne, Lady Elphinstone, and others, and
Elphinstone with having a company of foot John, Lord Elphinstone, 1st and 6th January
soldiers which was reduced in 1783. This is andJstFebruary 1796, in Elphinstone charter-
probably a mistake, as he would be too chest.
young then, being at the time only twelve or * Scots Magazine, vol. liv. p. 467.
thirteen years of age. "^ Ibid. vol. Ivi. p. 659.
2 Soots Magazine, vol. liv. p. 467. " Birthday Book, in Elphinstone charter-
' Extract registered contract between chest. ' Ibid.
VOL. I. 2 S
322 JOHN, TWELFTH LORD ELPHINSTONE, 1794-1813.
1785. This right was burdened with the payment of the annuity of £800 to
Lady Clementina and of the eventual annuity of £100 to her daughter, and
also with a heritable debt on certain lands named in the above contract.
His personal property consisted of the arrears of the rents of Biggar,
Cumbernauld, Auchenkilns, and others, and one half of the year's rent of
these estates current at his lordship's death. It further consisted of the
household furniture in his house in the castle of Edinburgh, and the house-
hold furniture and books and farm stocking at Cumbernauld ; and also of two
bonds of £1000 each, one of them by James Drummond of Perth, who became
Lord Perth, and the other by Sir John Henderson of Fordel, Baronet.
The eleventh Lord Elphinstoue left no deed of settlement, and his heritage
descended to John, twelfth Lord Elphinstone, his son, burdened as already
stated, as well as with the terce due to his mother, Anne, Lady Elphinstone.
His personal property descended to Anne, Lady Elphinstone, his widow, and
to her three younger sons and four daughters — Charles, James Euthven,
Mountstuart, Anne, Clementina, Mackenzie, and Keith Elphinstone, burdened
with the debts of the deceased lord.^
These circumstances rendered a new family arrangement necessary. A
contract was entered into between Anne, Lady Elphinstone, on the first part,
her daughters Anne, Clementina, Mackenzie, and Keith Elphinstone, on the
second part, and John, Lord Elphinstone, on the third part. It was thereby
agreed that the arrears of rent and current rent of Biggar, Cumbernauld, and
others, were to belong to Lord Elphinstone. An amicable settlement was also
arrived at of the respective rights of the Dowager Lady Elphinstone and her
children.
An arrangement was included in the contract that, in the event of the
succession of any of Lord Elphinstone's brothers as heirs of entail to the
"Wigton estates, the party succeeding was to be obliged to take the furniture,
1 Draft agreement between the representatives of the deceased John, Lord Eljihinstone,
1800, iu Elphinstone cliarter-ohest.
FAMILY ARRANGEMENTS. 323
books, silver plate, and china in the house of Cumbernauld at the value now
stated in an inventory. He was also to relieve his lordship of his bond to
Lady Elphinstone, or to pay him the value of the furniture and others.
Lord Elphinstone was further to receive the value of the improvements he
had made on the estates. In the same agreement, Charles, James, and
Mountstuart Elphinstone made over to their mother and sisters their shares
of their father's personal estate.^
On 29th March 1796 Lord Elphinstone was retoured heir special to his
father, John, eleventh Lord Elphinstone, in the lands of Quarrall, Pocknane,
and Powfowls, in Stirlingshire. In the retour he is designed, " John Eleeming,
Lord Elphinstone, of Biggar and Cumbernauld." -
After his father's death. Lady Clementina Fleming was personally disposed
to give a lease of the Wigton estates to Lord Elphinstone, her grandson, as,
in case it was found he was not entitled to these entailed estates, it would
to some extent be a recompense to him for the loss he would thereby suffer.
Her ladyship also wished a settlement to take place betwixt his lordship and
his brother, Charles Elphinstone, in order that the latter might not be
altogether a loser by Lord Elphinstone's succession, nor his lordship by the
succession of Charles.^ But whether such a settlement was made or not
does not appear.
From what has been stated, it will be seen that a doubt existed in the
Elphinstone family as to whether the succession to the entailed Wigton
estates vested in John, Lord Elphinstone, or in Charles Elphinstone, his
younger brother. There may have been a desire in the family to have the
estates continued in the main line of the Elphiustones ; at any rate, legal
steps were taken by Lady Clementina Fleming to have the entail reduced.
The entail of the Wigton estates and the circumstances connected with it
' Draft agreement in Elpliinstone charter- "' Letter to Lord Elphinstone from his law
chest. agent, unsigned, 17th May 1795, in Elphin-
- Ketours to chancery at date. atone charter-chest.
324 JOHN, TWELFTH LORD ELPHINSTONE, 1794-1813.
may be thus explained. By a great seal charter, dated 21st June 1707, these
estates stood devised in favour of John, Earl of Wigton, the great-grandfather
of Lord Elphiustone, and the heirs-male of his body. Failing these, they
were to be inherited by Charles Fleming, the brother of the earl, and the
heirs-male of his body, whom failing, by the heirs-female of the earl, and
thereafter by the other heirs mentioned therein. On this charter tlie earl
was duly infeft in the estates on 27th October 1707, and received sasine of
them on 4th November thereafter. By a contract of marriage betwixt the
earl and Lady Mary Keith, dated 8tlr February 1711, his lordship obliged
himself to make resignation of the estates for new infeftment to himself and
the heirs-male of his body, whom failing, to the heirs of entail. On 24th
June 1741 the earl executed a deed of entail of the estates in favour of him-
self and the heirs therein mentioned. This entail contained strict clauses,
particularly that if any of the heirs of entail, other than the heirs-male of
the earl's body, or of the body of his brother, Charles Fleming, succeeded
to the title and dignity of peerage, they were to denude tliemselves of the
estates, which were to devolve upon the next heir of entail for the time.
Lady Clementina Fleming, being the only child of the marriage betwixt
the earl and Lady Mary Keith, and being also the nearest heir of entail and
provision under the entail, had a service to the estates expede in her favour.
Her ladyship was now advised that the Earl of "Wigton was barred from
executing the entail of 1741 in consequence of her father and mother's
contract of marriage ; and that she had made up her titles to the estates
erroneously, by coming under the entail when ignorant of her right under
the marriage contract. Accordingly she raised a process of reduction of the
entail and relative deeds, as already stated, and claimed to hold the estates
as a fee-simple in her person, at least, that she was entitled to hold and
possess the same under the conditions stated in the infeftment referred to in
the Earl of Wigton's contract of marriage.
On the death of Lady Clementina Fleming, on 1st January 1799, Lord
ELECTED A REPRESENTATIVE PEER, 1806. 325
Elphinstone, her grandson, succeeded to and possessed the Wigton estates.
He continued to possess them as heir of entail until the year 1804 or 1805,
when they were adjudged in law to belong to his brother, Charles Elphin-
stone, under the entail of 1741.^ Charles Elphinstone thereupon adopted
the name of Fleming, and took the designation of Charles Fleming of Biggar
and Cumbernauld. lu 1810 Lord Elphinstone was still resident at Cumber-
nauld House. This was probably arranged witli Cliarles Fleming, whose
active service in the navy did not permit of his residing upon his estates.
The promotion in the army which Lord Elphinstone hitherto received
was, as has been shown, rapid. His subsequent advancement was no less
rapid and striking. He exchanged from the Eoyal Americans to the Sixty-
First Eegiment, and from that regiment to the Twenty-Sixth Cameronians.^
On 2nd November 1805 he was appointed major-general.^ In May of the
following year, MajorGeneral Elphinstone was appointed colonel of the
Twenty-Sixth Eegiment of Foot, in room of Lieutenant-General Andrew
Gordon, who was deceased.-*
On 4th December 1806, Lord Elphinstone, in the midst of his military
preferments, was elected a representative peer ; ^ and at the next election of
representative peers on 9th June 1807, George, Prince of Wales, as Duke of
Eothesay, intrusted a proxy to him and voted for eight peers.^ In conse-
quence of his election in 1806, his lordship would take his seat in parliament
as well as take a part there in transacting the affairs of the country, so far
as his military duties permitted.
' Summons by LordKeithandothersagaiust summons was executed against him at their
LordElphinstone,1810,inElphinstoneoharter- instance for the payment of these. [Sum-
chest. After this decision a diflference arose mons, ISth January, and execution, 7th
between Lord Keith and The Honourable AprU, ISIO, also relative statement of sums
William FuUerton Elphinstone, as executors due by him to them, ibid.]
for the deceased Primrose Elphinstone, aud ^ Birthday Book, ibid. ^ Ibid.
Mary Elphiustone, and Lord Elphinstone, ^ Scots Magazine, vol. Ixviii. p. 397.
their nephew, as to the annuity he had ' Ibid. p. 963.
granted to his aunts, and the rents to which ^ Memorials of the Earls of Haddington,
they were provided by their mother, and a vol. i. p. 2S4.
326 JOHN, TWELFTH LORD ELPHINSTONE, 179i-1813.
About this time Lord Elpliinstone got second command in Scotland,^ and
on 30th December 1811 he was appointed by the prince-regent to take rank
by brevet as lieutenant-general in the army.^ In addition to his other
appointments. Lord Elphinstoue was lord-lieutenant for the county of
Dumbarton.*
Lieutenant-General Lord Elphinstoue died at Bath on 20th May 1813,
and was buried at the abbey there.* His lordship was married on 31st July
1806, at Edinburgh, to Janet Hyndford, youngest daughter of Cornelius
Elliot of Wolfiee, in the county of Roxburgli, relict of Sir John Gibson
Carmichael, Baronet, of Skirling.'' Lady Elphinstoue survived her husband,
and died on 23rd August 1825.
There is at Carberry Tower a drawing of John, twelfth Lord Elphinstoue.
On the back of the cardboard on which the drawing is made there is a note
partly in the handwriting of the late William, fifteenth Lord Elphinstone, as
follows: — "John, 12th Lord Elphinstone, drawn by 'Edridge' at the desire
of his aunt. Lady Perth, just before he sailed for Egypt," June 1801. This
drawing is a line work of art, and has been collotyped for the present work.
By his marriage with the Dowager Lady Carmichael, Lord Elphinstone
had issue one son, of whom a memoir follows.
• Birthday Book, in Elphinstone charter-chest. ^ Ihid. vol. Ixxv. p. 470.
2 Scots Magazine, vol. Ixxiv. p. 76. ^ Ibid. vol. Ixviii. p. 640.
XXII. 1. — John, thirteenth Lord Elphinstone,
GOVEKNOK SUCCESSIVELY OF MADKAS AND BOMBAY.
1813-1860.
Like his uncle, Mountstuart Elphinstone, Governor of Bombay, John,
thirteenth Lord Elphinstone, served his country in India, where, as governor
successively of the two important presidencies of Madras and Bombay, he,
especially during the eventful Indian Mutiny, earned a reputation as an
able administrator and successful ruler.
To write an exhaustive memoir of this Lord Elphinstone, and to do
justice to his Indian career, would require a volume of at least similar pro-
portions to those which record the lives of Mountstuart Elphinstone and
Lord Keith. There exist in the Elphinstone charter-chests ample and inter-
esting materials for such a memoir, and the hope may be here expressed that
at no distant period a memoir of his lordship drawn from these and other
sources of information will be given to the public.
An extended memoir of his lordship, such as that now indicated, would,
from its size alone, be incompatible with the plan of the present work.
What follows here regarding him, therefore, does not profess to be entirely
comprehensive of his life.
John, thirteenth Lord Elphinstone, was the only son of John, twelfth
Lord Elphinstone. He -was born at Cumbernauld House on 2nd June 1807,^
and was baptized by the Eev. James Lapslie, minister of Campsie, in the
presbytery of Glasgow.
On 20th May 1813, when he was about six years of age, his father died,
and he succeeded to the Elphinstone peerage. What special provisions were
1 Scots Magazine, vol. Ixix. p. 477. The that stated above as the day of Lord Elphin-
Birthday Book in the Elphinstone charter- stone's birth. Peerage-writers erroneously
chest gives the 3rd June, a day later than give the 23rd as his birthday.
328 JOHN, THIRTEENTH LORD ELPHINSTONE, 1813-1860.
made for him during his long minority have not been ascertained. But if
his subsequent life was influenced and assisted by his early upbringing, it
indicates that his training and education had been under careful and wise
management. In certain affairs in which Lord Elphinstone was directly
interested, his grand-uncle, Lord Keith, acted on his behalf
Following the example of his father and grandfather, tlie eleventh and
twelfth Lords Elphinstone, his lordship entered the military profession. He
obtained a commission in the Eoyal Horse Guards as a cornet and sub-
lieutenant, and was subsequently in 1832 promoted to be captain in the
regiment.
Previous to his promotion in this royal regiment, Lord Elphinstone
formed the acquaintance of William, Prince of Orange, who was for a short
period at this time in England. This acquaintance soon ripened into warm
friendship and affection, which subsequently found expression in the corre-
spondence which passed between them. The letters of the Prince to his
lordship, still preserved in the Elphinstone repositories, range from 17th
March 1831 to 15th October 1836.
Before noticing the contents of these letters, it will be necessary to give
some account of the Prince, and the circumstances in which he was placed
when he wrote them, as the letters largely refer to these. In doing this, it
may be premised that if much that is in these letters bears no direct personal
relation to Lord Elphinstone, the importance of what they state as coming
from the Prince of Orange at this particular time constitutes a sufficient
reason for making reference to them here. But besides the public importance
of the letters of the Prince, they show the confidence he reposed in Lord
Elphinstone, the value he placed on his friendship, and the warmth of his
devotion to him. On this account alone they claim a place in the memoir
of his lordship.
The Prince of Orange was a favourite in England, and had been a com-
petitor with Prince Leopold of Saxe-Coburg-Saalfield for the hand of the
REVOLUTION OF THE BELGIAN PROVINCES. 329
Princess Charlotte of Wales, who was the heir-presumptive to the British
throne. At the time when Lord Elphinstone appears to have become
acquainted with the Prince, the latter was in England in circumstances
connected with his own and his country's interests.
In 1815 the allied powers united the Dutch and Belgian provinces, and
constituted them into the kingdom of the Netherlands. William, Prince of
Orange, the father of the prince to whom reference is being made, became
the first king of the new kingdom. The union then formed never was a
cordial one, at least on the part of the Belgians. When the second French
Eevolution of July 1830 took place, the Belgian provinces, a month later,
also broke out into revolution, and proclaimed their separation from Holland.
In October the Prince of Orange, as Lieutenant-General of the Flemish
provinces, removed the seat of government to Antwerp, and made a proclama-
tion acknowledging the separation of Belgium from Holland, and assuming
in his own person the sovereignty of Belgium. No regard was paid to his
proclamation, however, and his father, who did not approve of what he had
done, cancelled his commission. The Belgians, as will subsequently be shown,
chose Prince Leopold of Saxe-Coburg as their king, who thus once more
became the successful rival of the Prince of Orange. Plenipotentiaries
from the great powers met in conference in London to settle the disputes
underlying the revolution. It was during the meeting of this conference in
London that the Prince of Orange visited London also, when he had frequent
meetings with Lord Elphinstone.
The prince returned to Holland. The day following his arrival there
he wrote Lord Elphinstone from the Hague, asking him to give him his
confidence in his letters, and saying, " I promiss'd you my frie[n]dship and it
will prove a true one." In a postscript he writes : —
" My reception here has been better than I expected, both as yet by the puhlick
and by my father. It is pomhle that I shall be obliged to go to Petersbourg. Would
and could you go with me if I did. Your whole expense will of course be covered by
VOL. I. 2 T
330 JOHN, THIRTEENTH LORD ELPHINSTONE, 1813-1860.
me. You would act as English aide-de-camp. Do not talk of this proposal of mine
in London till all is fixed about it." ^
The proposal to accompany the Prince of Orange to Eussia, here alluded
to, received the consent of Lord Elphinstone. It was important to have
Eussia, at whose instance the London conference was convened, favourable to
the views of Holland, and the projected embassy had evidently this in view.
This diplomatic visit, however, was not made. The prince found it prudent
not to leave Holland. This he explains in a letter to Lord Elphinstone
written soon after.
The prince had displeased both his father, the king, and the people of
Holland, by what he had done at Antwerp. When he returned to the
Hague, he was, as stated in his letter last quoted, better received than he
anticipated. In his next letter to Lord Elphinstone he writes in the most
frank manner, and says that the public were unfriendly to him. He further
states the policy he had been following in the circumstances, and the success
it had met with. The letter is as follows ; —
"The Hague, April 8th, 1831.
" My dear Elphinstone, — Only a few lines to thank you for your letter of the 30th
of last month, and to tell you in plain English that it has given me the greatest
pleasure to hear from you. Pray continue to tell me the news of the day, and write
to me as often as you can, since I have it at heart to keep up our friendly eutercourse
on the same footing as establish'd in London.
" I am quite glad to see by your letter the favourable manner in which you received
the proposition I made to you of going with me to St. Petersbourg. But, my dear
Elphinstone, I am obliged to postpone this journey since I plainly perceive that great
people here wish me again at a distance so as to have it in their power to estrange me
entirely to the feelings of the Dutch. A great deal has been done allready towards
obtaining that point by misrepresenting out of ill-nature all I did and said with regard
to Belgium, as well at Antwerp, as in England ; and my proclamations are construed
here into hostile feelings towards the Dutch, who are not even named or hinted at in
any document of that sort publish'd by me.
1 Original letter addressed " To Lord Elphinstone, Royal Horse Guards, Regent's Parck
Barracks, London," dated The Hague, March 22, 1831, in Elphinstone charter-chest.
LETTER FROM THE PRINCE OF ORANGE. 331
" The harm done is come to that point that I saw yesterday the official report of the
Amsterdam police, in which it is said that the public opinion there is so much against
me that it seems possible that some unpleasant feeling might be shown by the people
at my arriving there, and particularly at the play. However, my conscience being free
of any of the blame that is laid to my charge, I intend to affront the storm, and to
accompany my father to-morrow to Amsterdam, and to go that very night with him to
the play. I do not after all believe that anything unpleasant will happen ; but all the
same, my good friend, you must now confess that my position here is not coleur de rose,
and that I liave some reason to regret London and you all. But I am determined to
weather the storm that is gathering about me : and here at the Hague I have allready
partly succeeded and regaind the good wishes of many by pretending not to hioiv or
not to believe the existence of any hostile feelings towards me, and by going on in dayly
entercourse with my Dutch friends as if nothing had happend. I intend to foUow the
same policy at Amsterdam, and I hope to the same effect.
" You will have heard before now all that took place in Belgium, when France plaid
again an infamous part, since it is well known here that General Belliard gave the
money be means of which the mob was paid to plunder the Orangist partisans ; and you
know probably that France has declared herself to the conference in favour of Prince
Leopold as candidate for the Belgian throne, and, at the same time, against any
member of the Nassau familly. I therefore now bet the odds in favour of Leopold !
!!!!!!! God bless you, my dear Elphinstone ; for ever your affectionate,
" William Pe. of Oeange."
Addressed — "To Lord Elphinstone, Lieutenant, Royal Horse Guards, Regent's
Park Barracks, London." i
Subsequent to the writing of the letter now quoted. Lord Elphinstone took
steps to become a representative peer of Scotland. Important events had
been transpiring in Britain as well as on the continent of Europe, although
of a more peaceful character. On the death of King George the Fourth on
26th June 1830, King William the Fourth succeeded to the throne. The
first parliament of King William met on 2nd November of that year. On
1 5th November a ministerial revolution took place, when Earl Grey succeeded
the Duke of Wellington as first Lord of the Treasury. The new ministry
brought in a measure of parliamentary reform on 1st March 1831. The
' Original letter in Elphinstone charter-chest.
332 JOHN, THIRTEENTH LORD ELPHINSTONE, 1813-1860.
was popular in the country, but met with keen opposition in both
houses of parliament. It occasioned great excitement throughout the country,
and many riots took place. Lord Elphinstone appears to have taken a lively
interest iu the Eeform Bill, as during the fierce struggle over it he became a
candidate for election as a representative peer. He offered himself for election
as an independent candidate, and refused to pledge himself to any party.
The election took place at Holyrood on 3rd June 1831, when his lordship was
present and voted.i
Lord Elphinstone received eighteen votes on this occasion, and was
not one of the elected peers.^ His lordship, however, was subseqiiently
elected, and sat in the House of Lords for several years as a representa-
tive peer of Scotland. He was present and voted at the elections of repre-
sentative peers which took place at Holyrood on 14th January 1833, and
10th February 1835. On the first of these occasions he was proxy for the
Earl of Dunmore and Lord Torphichen. The Earl of Lauderdale at this
election protested against his lordship's vote and also his votes as proxy
being received, on the ground, he said, that he had " withdrawn out of sight
of the peers present during the administration of two or more of the oaths."
Another reason alleged by the Earl for his protest was that the clerks at the
table had again administered the oath to, and for a second time " received the
votes of his lordship, subsequent to their having received and announced the
votes " of the peers present and of the proxies, and subsequent also to their
having announced the names of the peers voted for in the signed lists. The
Earl held that the law directed the oaths to be administered before proceeding
to the election.*
Pending the settlement of the sovereignty of Belgium the aflairs of that
' Appendix to Report from the Select Com- - The Evening Coiirant at date,
mittee on the Earldom o£ Mar, 1S77, p. 24.
His lordship was also present, and voted at ' Appendix to Report from the Select
the election of sixteen representative peers of Committee on the Earldom of Mar, 1877,
Scotland on 2nd September 1830 \ih\d.\ pp. 27-28.
TROUBLES IN BELGIUM. 333
country and of Holland did not improve. When the Prince of Orange wrote
to Lord Elphinstone on 25th May, that settlement had not taken place. In
his letter the prince reports the actual situation and his opinion regarding
it as follows : —
" Here in Holland everything is quiet up to the present moment. But a great
deal of discontent begins to show itself amongst the states general and the people at
large owing to the great expense required to keep up the army we must have on the
Belgian frontier. It is very necessary therefore that the London conference should
put an end to the Belgian question ; the sooner the better. The most rational plan as
to my opinion would be to occupy that country with troopps belonging to the five
powers and then to decide its final fate."
The Prince of Orange and Lord Elphinstone probably continued to corre-
spond with the same regularity and frequency as up to this date they had
done. If they did so, the prince's letters down to the close of 1835 have not
been preserved alongside of his other correspondence in the Elphinstone
collections, and there is a gap in the series of letters between these dates.
Leopold, Prince of Saxe-Coburg, was chosen King of Belgium in July
1831. On the 16th of that month he left London for Brussels, where he was
received with acclamation, and took the oath to observe the constitution.
The national rejoicings were, however, rudely interrupted. The arrangements
come to by the conference at London regarding Holland and Belgium did not
please the King of Holland, who made a formal protest against them. In less
than a month after the arrival of Leopold at Brussels, the Dutch army under
the command of the Prince of Orange and the Duke of Saxe-Weimar, tlie
brother-in-law of Queen Adelaide, appeared on the Belgian frontier and
defeated the army of the new king. Leopold, abandoned by his troops, escaped
from the battlefield and appealed to the French and British for assistance.
The French sent 50,000 troops and the British a naval squadron to watch the
Dutch. More active measures followed until a treaty was signed by Britain,
France, and Holland on 2'tth May 1833. It was not, however, till 1839 that
a treaty of peace was signed between Holland and Belgium.
334 JOHN, THIRTEENTH LORD ELPHINSTONE, 1813-1860.
Lord Elphinstone visited the Prince of Orange in the Netherlands in the
summer of 1835, apparently at Tilburg. On his return to England he wrote
the prince first one letter and then another. Both his visit and his letters
were highly valued by the prince.
Lord Elphinstone was, previous to November 1835, appointed Groom of
the Bedchamber to the King. The exact date of the appointment is un-
certain, but it would probably be before he went to Holland. His court
appointment and residence at court would bring Lord Elphinstone in direct
contact with many royal personages. In the beginning of 1836 there visited
King William and Queen Adelaide, H.E.H. Prince Ferdinand of Portugal,
his father the Duke of Saxe Coburg Gotha, his brother Augustus, and Prince
Ernest of Leiningen, son of H.E.H. the Duchess of Kent. Coming from
Portugal, they were to land at Dover. Lord Elphinstone was deputed to
meet them with the royal carriages, and convey them to Kensington Palace.
Proceeding to Dover with the Portuguese Minister, they were, unfortunately,
disappointed in their purpose, as the prince and his suite, finding it impos-
sible to obtain a landing at Dover, sailed to Kamsgate, which they reached,
and from whence they started for London before his lordship and the
ambassador could reach Eamsgate.^
Lord Elphinstone did not long hold his court appointment. Early in
1836 he was made Governor of Madras, in succession to his kinsman,
Lieutenant-General the Eight Honourable Sir Frederick Adam, K.C.B. His
lordship now relinquished the army, if, indeed, he had not already done so
upon his becoming an officer of the king's household.
Upon learning that Lord Elphinstone had received this high position, the
Prince of Orange promptly wrote to him a letter of congratulation, informing
him at the same time of his own arrangements for visiting England.
Important honours were bestowed upon Lord Elphinstone in the year
1836 besides his Indian appointment. He was made a privy councillor, and
» "Life and Reign of William the Fourth," by G. N. Wright, vol. ii. p. 791.
HIS FRIENDSHIP WITH THE PRINCE OF HESSE. 335
he also received the G-rand Cross of the Eoyal Hanoverian Guelphic Order
of Knighthood.!
Besides the Prince of Orange, some of whose letters have now been
given, Lord Elphinstone numbered among his friends another prince, Ernest
Constantine, Prince of Hesse Philippsthal. Lord Elphinstone sailed for
Madras apparently at the end of October 1836. Before his departure he
received the following letter from the Prince of Hesse, who desired to see him
to give him his good wishes : —
" My deae Loed, — I beg you to allowe me to put in your mind not to forget to
give me the direction of the person I have to send my letters or other things for you
to Madras.
" I hope of seing you before you go to express [to] you my best whishes for your
most happy journey. God bless you. ' Do not forget to write to your friends ' (I
mean your friends in Europe) is written on the plain inkstand I send hereby, and I
beg you [to] accept [it] in re[me]mbranee of your very sincere friend,
"Eenest, Peince of He3se Pp.
"Windsor Castle, the 22th of October 1836.
"To The Lord Elphinstone." 2
Before Lord Elphinstone set out for Madras he bestowed his favourite
charger upon the Prince of Orange. The animal was much admired by the
Dutch. It was also valued by the prince, especially on account of its previous
owner. One more letter from the prince to his lordship remains to be quoted
here. It was written a short time before his lordship left England, but it was
to be delivered to him in Madras. Harry, the son of the prince, was proceed-
1 Lord Elphinstone would be one of the The motto of the Order, "Nee aspera terreni,"
last, if not the last, to receive this Guelphie i.e. "DifBculties cannot dismay," is one which
Order, as, upon the death of King William Lord Elphinstone exemplified in his subse-
the Fourth in the following year, when the quent career.
British sovereign ceased to occupy the throne
of Hanover, the Order was no longer conferred ^ Original letter in Elphinstone charter-
by the British crown. H.R.H. the Duke of chest. There is a postscript to the letter
Cambridge, who claimed Lord Elphinstone as containing the several addresses of the prince
one of his particular friends, is still a G.C.H. on the continent of Europe.
336 JOHN, THIRTEENTH LOED ELPHINSTONE, 1813-1860.
ing to Java, and on his return from that island he was to carry the letter to
Lord Elphinstone, who was desired to receive the royal youth as the son of
a friend. The prince enclosed in it a ringlet of hair from the black mane
of his charger, which is still preserved along with the letter. The following
are the terms of this letter, with which we take farewell of the prince in this
"The Hague, October 15th, 1836.
"My deae Elphinstone, — I write these lines to you by my son Harry, who
will probably deliver them in person to you in more than one year's time on his return
from Java. You may conceive how strange it seems to me to direct a letter to you at
Madras, and to send it by my own son. But at the same time his departure and his
two years' absence are a real trial to my feelings, and I am truly miserable at the
moment I trace these lines. But I only confess this to a friend, here (je fais bonne
mine a mauvais jeu). How are you going on at Madras ? Can you reconcile yourself
to your present grandeur 1 I would above all things Uke to pay you a visit, if such a
thing was possible for a person situated as I am. But, believe me, my good friend,
I often, very often, think of you and our comfortable breakfasts at your lodgings in
St. James's Street, and my best wishes and prayers, at aU events, accompany you
where so ever Providence may guide your steps.
" I herewith enclose to you, not a ringlet of hair of one of your forsaken and
broken-hearted London beautys, but of the raven mane of your charger. He is in
good health and spirits, a great deal admired by the Dutch, aud carries me to my full
satisfaction. When I see the good dear animal, I fancy I stUl see you on his back
in Windsor Park, and I like him for your sake.
" I particularly recommend to you my dear young sailor. Eeceive him, pray, as
the scm of a friend and not with princely etiquette. He takes his voyage on board
the Netherland frigat Bellona. She is commanded by Captain Arians, a franc and
cordial sailor, who takes care of Harry, and was two years ago with him at Windsor
when your king liked him. Now, my dear Elphinstone, farewell ; and believe me
for ever your truly affectionate friend, AVilliam, Pe. of Orange.
" To his ExceUency Lord Elphinstone, Governor General of Madras,
at Madras." i
1 Original letter in ElpHnstone charter- Netherlands. He died on 17th March 1S49,
chest. The prince, on his father's abdication and was succeeded by his son, King William
in his favour on 7th October 1S40, succeeded the Third,
him as William the Second, King of the
LETTER FEOM ERNEST, PRINCE OF HESSE, 1837. 337
In the autumn of the following year, on 3rd October 1837, the Prince
of Hesse wrote a letter to Lord Elphinstone giving him much court news,
and telling his lordship of the regret with which his departure from England
was viewed by the king and court. The letter, which is in French, extends
to forty-four closely written quarto pages of note paper. King William
the Fourth died on 20th June 1837 and his niece succeeded to the throne as
Queen Victoria. The letter itself is too lengthy to admit of being given
here in full. The portion of it personal to Lord Elphinstone may, how-
ever, be translated : —
"Your departure had deeply affected the king. I noticed each time that people
spoke of you, for they often spoke of you the first time after your departure from
Windsor Castle, and all the inmates of the castle regretted very sincerely that you
were no longer amongst them ; and I sincerely hope, my dear Lord Elphinstone, you
are persuaded that I was one of those who felt your absence the most. Since
I had received your first letter, which Hoyl brought to me, I expressed to his
Majesty your respectful homages and your last adieus. ' God bless him,' said the
noble old monarch. And I hope, my dear Lord Elphinstone, that that last
benediction which that venerable old king then pronounced will always bring
you good fortune, and that God Almighty will protect you and sustain you on the
dangerous path that you have to travel, so far away from your dear native country,
and that the Most High wUl bring you back to it safe and sound." ^
Lord Elphinstone continued to hold his appointment as Governor of
Madras for a period of five years, or until April 1842, when the Marquis
of Tweeddale, K.T., succeeded him and held the double appointment of
Governor and Commander-in-Chief of the army of Madras. No attempt will
be made in these pages to record Lord Elphinstone's administration of this
important presidency. It was characterised as most able and successful
in all departments.
When Lord Elphinstone's term of office as Governor of Madras expired
in 1842, he returned to England. He remained there for a brief period,
' Original letter, written from Anvers, in Elphinstone charter-chest.
338 JOHN, THIRTEENTH LORD ELPHINSTONE, 1813-1860.
when he went back to India in a private capacity, where he continued
for three years. His lordship devoted these years to travel through
Cashmere and the more remote parts of Bengal. In 1847, soon after he had
again returned to England, he was made a lord-in-waiting to the Queen. He
held this position until February 1852, and from January to October 1853.
In October 1853 Lord Elphinstone was appointed Governor of Bombay
in succession to Viscount Falkland. The Governorship of this Presidency
had been held by his lordship's uncle, Mountstuart Elphinstone, for the long
period from 1819 to 1827. Thus twice in less than fifty years this important
position was held by a member of the Elphinstone family. Lord Elphin-
stone at once set sail for India, where he was now no stranger. The Duke
of Cambridge could not allow his lordship to leave England without bidding
him farewell and testifying to him the attachment he felt to his person as
one of his oldest and best friends. From the kind and unaffected terms in
which he does this, his letter deserves a place in this memoir.
"St. James's Palace, November lith, 1853.
" My dear Elphinstone, — I cannot tell you how sorry I am to have missed
seeing you before your departure, and if I knew that you did not start till to-morrow
evening, I would make a point of calling on you to-morrow morning. Should you
however go early, and that then I am deprived of the pleasure of even now shaking you
by the hand, let me in this note bid you farewell. I assure you I see you go with a
heavy heart, for I look upon you as one of my oldest and best of friends, and there-
fore, your loss for a considerable period cannot but be sad. Still, as it is a fine position
that you are about to fill, I must be glad to think that you have been selected for so
honourable a post, and I trust that health and success may attend you as it has hereto-
fore done. God bless you, my dear fellow, and be assured that on your return nobody
will greet you with a more hearty welcome than your most sincere friend,
" George."
Addressed — "The Lord Elphinstone, 21 Manchester Square. "i
Lord Elphinstone, now Governor of Bombay, continued to receive letters
from H.E.H. the Duke of Cambridge. A few months after the departure of
1 Original letter in Elphinstone charter-ohest.
LETTERS FROM THE DUKE OF CAMBRIDGE, 1854 AND 1855. 339
his lordship for India, the Crimean "War began. War was formally declared
with Eussia on ■28th March 1854. The Dnke, who was in the Crimea with
the army, and took part in the war, found that his health gave way under
the severe strain imposed upon him, and was obliged even at an early
part of the campaign to go to Constantinople for a time. While there he
wrote to the Governor of Bombay at the instance of his aide-de-camp,
requesting his favourable notice of a brother of the latter, an officer in the
Bombay army, who desired another appointment than the one he held. At
the close of his letter his Eoyal Highness refers to himself and expresses a
hope with reference to the speedy termination of the war. His words are—
" You will be surprised probably to see whence this letter is dated, but the fact is
that I have just come up to recover from the fatigues of a very protracted and hard
campaign which I regret to say is not yet at an end, though I trust it will ere long
be brought to a satisfactory and glorious conclusion." ^
The next letter which the Governor of Bombay received from the Duke
of Cambridge is written from St. James's Palace, and is dated June 1st, 1855.
In it the Duke writes :■•—
" You are most kind in your expressions of interest in what concerns myself I
am, thank God, quite well agaiu, and have entirely recovered from the effects of the
most hard campaign. You can imagine that my whole thoughts and feelings continue
with the army, and that duriug the winter I suffered most painfully from the know-
ledge of the hardships that that army was undergoing. Thank God, our brighter days
have come, and the recent good news from the Sea of Azofif lead me to the hope that
ere long we shall have further great successes, and that the Russians will be driven
out of the Crimea, in addition to the ultimate fall of Sebastopol itself. As to my own
intention, I am as yet doubtful what is to become of me, but I am ready for anything
that may be required of me." -
Soon after this the Duke of Cambridge was appointed Commander-in-
Chief of the British army, and Lord Elphinstone wrote congratulating him
1 Original letter, dated Coustautiuople, November 30, 1S54, in Elphiustoue chartei-tbtst.
^ Original letter, ibid.
340 JOHN, THIRTEENTH LORD ELPHINSTONE, 1813-1860.
on the appointment. In his reply to his lordship's letter the Duke, on
December 8th, 1856, writes: — "I am certainly obliged to you for the kind
expressions contained in your letter on my having assumed the responsible
post which I have now the honour to fill, and it will be my anxious
endeavour to realise the good opinion of my friends."
f^^€/l^ Cuyl/z/f ^O^^^OOZ^
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It devolved upon Lord Elphiustone, as Governor of Bombay, towards the
end of 1856, to send an expedition to the Persian Gulf. The expedition
proved entirely successful. Herat and Bushire were taken, and the court of
Teheran, the ally of Eussia, sued for peace. The Duke of Cambridge refers
to this expedition in the letter just quoted in these terms : —
" We are looking witli much anxiety to the result of the expedition you have just
sent off to the Persian Gulf. It is to be hoped that its presence there may produce
the desired effect without the outbreak of actual hostilities, but it is impossible to say
at present what may come of it." ^
' Original lettci- iii Elpliiustoue cliartev-chest.
OUTBREAK OP THE INDIAN MUTINY. 341
Lord Elphinstone received a later letter from the Duke of Cambridge
congratulating him upon the success of his expedition, and giving him praise
for the way in wliich he had arranged and carried it out. He says, writing
on March 6th, 1857:—
" You will hear by the present mail that peace has been signed with Persia at
Paris, which we have every reason to hope will be ratified at Teheran. This relieves
us of a very great diificulty, for it would have been no easy matter to have carried on
the war with Persia, the nature of the country being such as to render an advance
into the interior very difhcult. Bleanwhile I presume the force will have to remain in
Persia tiU the ratifications have been exchanged, and Herat has been given up. The
manner in which you have fitted out the expedition to Persia appears to us all here
highly creditable to you, and to Sir Henry Somerset acting under your orders." i
The Indian Mutiny broke out immediately upon the termination of the
difficulty with Persia. The mutiny took place in the Bengal Presidency.
The danger to the neighbouring presidency of Bombay, over which Lord
Elphinstone was Governor, consisted chiefly in the great risk which existed
of the mutiny spreading to it. The mutiny was confined to the two years
1857 and 1858. But so threatening and serious was it, that during these
years anxiety of the strongest degree was felt by the authorities on the spot
as well as by those at home. Lord Elphinstone had a large share of that
anxiety to bear. The duties and responsibilities which devolved upon him
were such as were fitted to tax him to the uttermost. In encountering
them, however, he proved himself to be in every way adequate for all that
they demanded of him. The circumstances in which he was placed in com-
bating the mutiny and preventing its extension required a strong man to
be Governor of the Presidency — a man of resolution and tact, and of large
resources and prompt action. Lord Elphinstone proved to be such a man.
The Bombay Presidency was almost denuded of troops when the mutiny
took place. The population was highly disaffected, and Lord Elphinstone
' Origiual letter iu Elphiustone charter-chest.
342 JOHN, THIRTEENTH LORD ELPHINSTONE, 1813-1860.
had no more than a handful of Europeans to keep the disaffected from joining
in the mutiny. Nevertheless, he succeeded in averting any rising among
them. He was also able to render much valuable assistance to the
Grovernor-General of India by sending troops to Bengal, the seat of the mutiny,
and otherwise.
At the beginning of the mutiny Lord Elphiustone collected horses from
the Cape, Australia, the Persian Gulf, and other places, that they might be
in readiness for the cavalry and artillery to be sent out from England.
He applied to various colonial governors for the despatch of forces to his
aid. He made arrangements for transporting to India the horses and forces
thus supplied to him. He also kept the Government at home informed
of the progress of events in his presidency, and of its requirements. In all
he did he acted in a most statesmanlike manner, and earned the confidence
of all.
Lord Elphinstoue was in constant correspondence with the Duke of
Cambridge, the Commander-in-Chief of the forces in Britain. He invari-
ably found that his Eoyal Highness paid great deference to his views,
and that he was most desirous to give effect to his requests. His Excellency
also found his own Commander-in-Chief in Bombay, General Somerset, ever
ready and willing to carry out his orders and wishes.
In his letters to Lord Elphiustone, the Duke of Cambridge again and
again writes in terms of high appreciation of the exertions and ability dis-
played by his lordship. The letters, some of which are long, form a valuable
collection. But only three of them will be briefly quoted here. In one of
these, dated October 26, 1857, the Duke writes : —
"Thank God, I think we may consider that we have turned the corner, and I
therefore wish to say how much I have been gratified to find that, thanks to your
admirable arrangements, you are enabled, with the assistance of the Colonial Governors,
who have behaved remarkably well, to obtain regiments from the Cape and the
Mauritius just at the moment when their services were most needed, by which means
doubtless you have saved your Presidency from joining to any extent in the great
HIS ZEAL AND CAPACITY DURING THE INDIAN MUTINY. 343
mutiny of their Bengal neighbours, which it is clear they were disposed to do but for
the dread of the consequences of such an act." i
In another letter, written on 7th January 1858, the Duke makes the
following acknowledgments of the ability and zeal of the administration of
Lord Elphinstone during this trying period : —
" The account you give of your Presidency is, however, less encouraging than I had
hoped, and no doubt there is still plenty of work' in store for our troops. No man
deserves our best support better than you do. You have exerted yourself in the most
exemplary manner to render assistance to Bengal by the despatch of troops at consider-
able risk even to yourself, appreciating as you have done the greatness of the emergency,
and rightly judging that it was better to run considerable risk for the good of the
empire. You have further made the most judicious arrangements to collect forces from
the Cape and Mauritius, also horses ; and have supplied the means for transporting them,
and you have thus evinced not only a zeal but a capacity which is highly appreciated,
I know, by the country and by the government. . . . You know I am always glad
to hear from you whenever you can spare time for a line to me ; and whatever I can
do to further your views or wishes I shall be always too happy to attend to." ^
The last excerpt from the letters of the Duke of Cambridge referring to
Lord Elphinstone to be given here is dated July 3rd, 1859, after the mutiny
was suppressed. It refers to the debate on the vote of thanks in parliament.
The letter proceeds : —
" As regards yourself, I need not, I hope, assure you that I felt a real pleasure in
bearing my tribute to the great powers of government and organisation which you
have displayed in these eventful times, and indeed it was a pleasure to feel that I was
performing an act of duty by one of my very oldest and best friends." ^
Lord Elphinstone was rewarded with the approbation of the government,
and the formal thanks of parliament. He obtained the Grand Cross of the
1 Original letter in Elphinstone charter- poor Havelock is a serious national misfor-
chest. tune, though it does not surprise me after all
the anxieties and exertions he has recently
■■^ Original letter, ibid. In this letter the gone through."
Duke of Cambridge says — "The death of ^ Original letter, i^i'd.
344 JOHN, THIRTEENTH LORD ELPHINSTONE, 1813-1860.
Civil Division of the Order of the Bath. He was likewise made a peer of
the United Kingdom by the name, style and title of Baron Elphinstone of
Elphinstone, in the county of Stirling. The letters-patent granting the
peerage were to be a sufficient investiture of the dignity, and this without
any investiture, rites or ceremonies whatsoever, due or accustomed, which, as
the patent bears, for " some certain reasons best known to us we could not
in due manner do." The patent is dated at Westminster, 21st May, and
twenty-second year of the Queen's reign [1859].i
When Lord Elphinstone's term of office in Bombay had expired the
government made a formal request to him to prolong his stay in India.
This itself was an official acknowledgment of the value and importance of
his services. In complying with the request, however, his health gave way.
His Excellency, in the beginning of 1860, resorted to the hills, where he
seemed to obtain complete recovery. He was now able to take riding exercise,
and to attend to business. He returned to England in the summer, and reached
London on 12th June, after a trying voyage. He intended to resort for a
time to the German spas, but his health was so broken down that he
renounced this intention. His weakness rapidly increased. In the presence of
Colonel Bates, his former military secretary, Mr. Adam, who had all through
his Bombay career been his private secretary, and Dr. Peele, a former friend
and medical attendant in India, Lord Elphinstone died at his residence 29 King
Street, St. James's, London, on 19th July 1860, at the age of fifty-three.
Being unmarried. Lord Elphinstone's British peerage, which was limited to
himself and the heirs-male of his body, became extinct. His Scottish peerage
devolved upon his cousin, John Elphinstone Fleming, only son of Admiral
the Honourable Charles Elphinstone Fleming of Biggar and Cumbernauld,
son of John, eleventh Lord Elphinstone. John, the fourteenth Lord, only
enjoyed the peerage for about six months. Dying unmarried, he was suc-
ceeded as fifteenth Lord Elphinstone by his cousin, William Buller Fuller-
' Oiigiual patent in Elphinstone charter-chest.
HIS WILL, 18th JULY 1860. 345
toil Elpliinstone of Elpbinstone and Carberry. His descent is shown in the
line of Elphinstone and Carberry.
The will of John, thirteenth Lord Elphinstone, bears date 18th July
1860, the day before his death; and in it he constitutes William
Fullerton Elphinstone of Carberry, and three other relatives and personal
friends, his trustees and sole executors. His lordship, as already explained
in the notice of John Elphinstone Fleming, fourteenth Lord Elphinstone,
provided the latter with an alimentary allowance of £1000 annually for life,
to maintain the dignity and title of Lord Elphinstone. He also provided
by his will that his trustees and executors should, during the life of his
successor John Fleming, keep in their possession the presentation plate
belonging to the testator, and at the death of John Fleming make it over
to the heir then entitled to succeed to the title and dignity of Baron
Elphinstone at his majority.
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